Court No. - 40 Case :- APPLICATION U/S 482 No. - 21894 of 2010 Petitioner :- Vidya Devi Srivastava Respondent :- State Of U.P.And Another Petitioner Counsel :- Pradeep Kumar Srivastava Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and the learned A.G.A.
The applicant, through the present application under Section 482 Cr.P.C. have
invoked the inherent jurisdiction of this Court with the prayer that the
proceeding of criminal case no. 7076 of 2009 arising out of charge sheet no.
275 of 2005, pertaining to case crime no. 369 of 2005 under Section 134 The
Representation of People Act, 1957, P.S. Naini, District Allahabad, pending
in the court of Additional Chief Judicial Magistrate, Court No. 1, Allahabad
be quashed.
It is contended by learned counsel for the applicant that malicious
prosecution has been lunched against the applicant with malafide intention
by respondent no. 2.
Issue notice to respondent No. 2 returnable within three weeks. Learned AGA
as well as respondent No. 2 may file counter affidavit within the aforesaid
period.
List this case in the week commencing 23rd August, 2010 before the
appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid criminal case
no. 7076 of 2009 arising out of charge sheet no. 275 of 2005, pertaining to
case crime no. 369 of 2005 under Section 134, The Representation of People
Act, 1957, P.S. Naini, District Allahabad, pending in the court of Additional
Chief Judicial Magistrate, Court No. 1, Allahabad shall remain stayed against
the applicant.
Order Date :- 30.6.2010
Naresh