Court No. - 49
Case :- APPLICATION U/S 482 No. - 29895 of 2018 Applicant :- Jagdish Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avadh Raj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.8.2017 as well as the entire proceedings of S.T. No. 44 of 2018 (State Vs. Devi Singh and Others), arising out of Case Crime No. 0488 of 2017, under Sections- 272, 273 I.P.C. and Section 60 of U.P. Excise Act, Police Station- Madavra, District- Lalitpur, pending in the court of Additional Session Judge/ U.P. Dacoity Affected Area Act, Lalitpur.
3. Learned counsel for the applicant submits that the applicant is not a resident of Lalitpur, he was there only to visit his relatives from M.P. When he was found with the main accused/applicant's brother-in-law. It is then stated that the applicant has falsely been implicated in the case.
4. Matter requires consideration.
5. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
6. Issue notice to opposite party no.2 returnable at an early date.
7. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
8. List thereafter.
9. Till the next date of listing, no coercive measure shall be taken against the applicant in the aforesaid case.
Order Date :- 5.9.2018 Gaurav Pal