Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
The present 482, Cr.P.C. application has been filed for quashing the proceedings of criminal case no. 1402 of 2007 under Section 363, 366 IPC pending before Chief Judicial Magistrate, Orai District Jalaun.
It is contended by the learned counsel for the applicant that the applicant had married with the deponent Rakhi Yagik, who was major and both of them had married out of their freewill. It is also contended that out of the said wedlock one son has been born, photocopy of the birth certificate has been filed as annexure-5 to the affidavit. It is further contended that the applicant and the deponent both are living together as husband and wife, therefore, no offence under the charged section is made out against the applicant.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicant one week thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing further proceedings of aforesaid shall be kept in abeyance.
Order Date :- 29.1.2010 Ashish