Court No. - 64
Case :- APPLICATION U/S 482 No. - 21634 of 2019 Applicant :- Mahim Prasenjit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the application.
Applicant claims to have been falsely roped in, in this case on account of he being 'dever' of the victim. Similarily circumstance other co- accused have already been given protection by order of this Court passed in Application U/s 482 No.11692 of 2019 dated 30.03.2019, copy whereof is Annexure No.6 to the application.
Heard learned AGA.
In the aforesaid application the contention raised was found to be genuine and was required to be considered by co- ordinate Bench of this Court and interim protection was granted to other co- accused. Consequently, this application may also be connected with the aforesaid application.
Learned AGA has accepted notice on behalf of the opposite party no.1. Issue notice to opposite party no.2 returnable at an early date. They pray for and are granted four weeks' time to file their respective counter affidavits. Rejoinder affidavit may be filed within two weeks thereafter.
List this case after expiry of the aforesaid period before the appropriate Bench along with Criminal Miscellaneous Application No.11692 of 2019.
Till the next date of listing, further proceedings of Complaint Case No. 4382 of 2018 (Meenakshi Gaur Vs. Aseem Prasenjit and others), under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station Kotwali, District Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate 7th, Ghaziabad shall remain stayed against the applicant.
Order Date :- 30.5.2019 Raj