Court No. - 52
Case :- APPLICATION U/S 482 No. - 2168 of 2003 Applicant :- Ashik Ali & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- Govt.Advocate,S.P. Sharma
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and the learned A.G.A.
The sole ground on which quashing of the impugned proceedings relating to Complaint Case No. 631 of 1999 pending before the A.C.J.M., Khurja as Razia Begum Vs. Ashik Ali and 9 Others, under Sections 323, 504, 498A, 506 I.P.C. read with Section 3/4 D.P. Act, Police Station Khurja Nagar, District Bulandshahr, is sought is that no part of the cause of action arose at Moradabad and the Magistrate wrongly took cognizance of the proceedings initiated at the instance of the Opposite Party No. 2.
Despite repeated queries, learned counsel for the applicants failed to bring to the attention of the Court any averment made in the Affidavit in support of his oral contention that they were residing at Aligarh. Although the complaint does refer to the fact that the victim was placed on a bus at the Aligarh Roadways Station, the said recital when read in context cannot possibly be construed by this Court as being conclusive of the issue of jurisdiction of the Magistrate at Moradabad.
The application is consequently dismissed. All interim orders shall stand discharged.
Order Date :- 26.7.2018 Arun K. Singh (Yashwant Varma, J.)