Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of entire proceeding of the Complaint CAse NO. 87 of 2016 (Akash Kapoor Vs. Jolly Arora and others), under section 323, 504, 506, 379 IPC, P.S. Colonelganj, District Allahabad as well as summoning order dated 20.02.2017 passed by learned A.C.J.M.-IV, Allahabad and N.B.W. order dated 5.3.2020.
Learned counsel for the applicants submits that according to the complaint there are 10 family members present at the time of incident but one of them examined by Magistrate, under section 202 Cr.P.C. in support of complaint. He therefore submits, no prosecution could lie against the applicants, in such circumstances.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants.
Order Date :- 28.10.2021 RPD