Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No.14 of 2016 (State Vs. Bhupendra Kishor and others), arising out of NCR No. 127 of 2011, under Sections 494, 504, 506, IPC, Police Station Kotwali Mainpuri, District Mainpuri, pending in the court of Chief Judicial Magistrate, Mainpuri as well as charge-sheet dated 26.08.2015, and further prayed for stay the proceeding of aforesaid case.
It is submitted by the learned counsel for the applicants that first information report was lodged under Sections 494, 420 IPC, and 3/4 Dowry Prohibition Act, Police Station Eka, District Firozabad, in Case Crime No. 33 of 2010, and after investigation charge-sheet has been submitted in that case and applicants are facing trial. Again asserting the same facts another first information report has been lodged under Section 155 Cr.P.C. After permission of Magistrate matter was investigated and charge-sheet is being submitted under Section 494, 504, 506 IPC.
From the perusal of both the first information report it can be inferred that same facts are being asserted. In the 1st first information report it has been alleged that applicant is going to marry with Arti, whereas in the 2nd first information report it is alleged that marriage has already solemnized. It is apparent that two first information reports on same facts are being lodged.
Matter requires consideration.
Learned AGA has accepted notice on behalf of the respondent no.1.
Issue notice to respondent no.2, who may file a counter affidavit, if any, within four weeks. Learned AGA may also file a counter affidavit, if any, with same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List the matter immediately after exchange of counter affidavit and rejoinder affidavit between the parties, before appropriate Bench. Matter will not be treated as tied up or part hard.
Meanwhile further proceedings of Case No.14 of 2016 (State Vs. Bhupendra Kishor and others), arising out of NCR No. 127 of 2011, under Sections 494, 504, 506, IPC, Police Station Kotwali Mainpuri, District Mainpuri, pending in the court of Chief Judicial Magistrate, Mainpuri shall remain stayed against the applicants.
Order Date :- 11.8.2016/VKG