Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Complaint Case No. 182 of 2009, under Sections 392, 323, 504, 506, 147, 427 I.P.C., Police Station Nawabad, District Jhansi, pending in the Court of Special Judge (D.A.A.) Jhansi as well as for quashing the summoning order 22.09.2009 issued in the aforesaid case.
It is contended by learned counsel for the applicants that applicant no.1 while going on motorcycle met with an accident by a car negligently driven by the opposite party no.2 in which he sustained serious injuries regarding which, applicant no.1 lodged the F.I.R. and it is argued that when the opposite party no.2 came to know of the same he initiated the present criminal prosecution against the applicants as a counter blast which is nothing but gross misuse of the process of Court. Learned counsel for the applicants has drawn attention of this Court to the medical report of the opposite party no.2 dated 03.07.2009, copy of which is annexed as Annexure-4 to the petition, to show that the opposite party no.2 was in the state of intoxication and it is thus contended that the applicants have been falsely implicated.
Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants two weeks' thereafter is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 6.1.2010 S.Ali