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 charge sheet dated 16.01.2009 Case No. 935 of 2009, arising out of Case Crime No. 04 of 2009, under Sections 147, 323, 504, 506 I.P.C., Police Station Rohaniya, District Varanasi pending before learned Additional Chief Judicial Magistrate-I, District Varanasi and also for quashing the proceedings of the aforesaid case.
It is contended by learned counsel for the applicants that it is a cross case between the applicants and the opposite party no.2 and has further contended that in the said cross case, this Court has been pleased to grant interim order on 16.07.2009 in Criminal Misc. Application No. 15418 of 2009, copy of which is annexed as Annexure-10 to the petition.
Connect with Criminal Misc. Application No. 15418 of 2009.
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 before appropriate Court.
Till the next date of listing,no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 22.1.2010 S.Ali