Court No. - 55
Case :- APPLICATION U/S 482 No. - 39212 of 2018 Applicant :- Bal Kishan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.S. Rajput,Shekhar Gangal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Herd learned counsel for the applicant and learned AGA appearing for the State.
The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. The applicant had not kidnapped the victim and he died in the house of the complainant itself on account of accident. The medical evidence does not corroborate the complainant's version. The proceeding of Complaint Case No.4804 of 2015 in respect of Co-accused Deepak has already been stayed by Coordinate Bench of this Court on 4.10.2018, copy of which is annexed at page no.86 to the application and proceeding of same case in respect of other co-accused Dinesh has also been stayed by this Court today i.e.30.10.2018.
The submission made by learned counsel for the applicant prima facie appears to have some substance.
The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1. He prays for and is granted four weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. List on expiry of the aforesaid period.
Till the next date of listing, further proceedings of Complaint Case No.4804 of 2015, Ram Sevak Vs. Deepak and others, under Section 364 IPC, P.S. Khair, district Aligarh, pending in the court of court C.J.M., Aligarh shall remain stayed.
Order Date :- 30.10.2018 IA