Court No. - 45 Case :- APPLICATION U/S 482 No. - 18780 of 2010 Petitioner :- Vinod Kumar Sharma Respondent :- State Of U.P. & Another Petitioner Counsel :- Arvind Agrawal Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing of the charge
sheet dated 14.3.2010, filed in criminal case no.1600 of 2010 (case crime
no.7/09), under Sections 420, 467, 468, 471, 120-B IPC, pending before the
Judicial Magistrate, Firozabad.
It is contended by the learned counsel for the applicant that the applicant is
working as Gram Panchayat Vikas Adhikari at Mohammedpur Newada,
Block Shikohabad District Firozabad and in the said capacity, he issued a
death certificate to one Chhotey Lal, who died in his jurisdiction. It is further
contended that civil proceedings are pending between the parties. It is next
contended on behalf of the applicant that unless the validity of the death
certificate is decided one way or the other by the Civil Court, no criminal
prosecution can be launched against the applicant. It is further contended that
the matter is purely of civil nature and criminal prosecution of the applicant is
bad in law.
Issue notices to opposite party no.2 returnable within four weeks. Steps be
taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant, two weeks thereafter
is granted for filing rejoinder affidavit. List after expiry of the aforesaid
period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 30.7.2010
Hasnain