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 01.08.2009 under Sections 147,148, 323, 504, 506 IPC and also under Section 3(1)(X) of the SC/ST Act in Case No. 4361 of 1999 (State of U.P. v Mintoo alias Arun Pratap Singh & others), PS Narkhi, District Firozabad in the aforesaid case pending before the Chief Judicial Magistrate, Firozabad.
It is contended by learned counsel for the applicants that an application under Section 156(3) Cr.P.C. was filed after four months of the alleged incident whereas no such incident has ever taken place. It is a no injury case and the applicant has falsely been implicated, which has also been authenticated by the villagers through their affidavit, annexed as annexure 3 to the petition.
Issue notice to 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. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 11.1.2010 shailesh