Heard learned counsel for the applicant and the learned AGA for the State- respondent.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings of criminal case no.9936 of 2009, under Sections 452, 504 and 506 IPC, pending before the Chief Judicial Magistrate, Badaun, and also for quashing of the order dated 21.11.2009.
It is contended by the learned counsel for the applicant that the applicant was working on the post of Branch Manager of the Oriental Insurance Company, Branch office opposite Gandhi Ground, Civil Lines, Bulandshahar. It is further contended that the wife of opposite party no.3, Smt. Seema Rani, who was proprietor of M/s Bhagwati Dying and Printing Works, Badaun filed the claim before the Oriental Insurance Company, of which the applicant was Branch Manager, on the ground that theft/burglary had taken place in factory premises, for which survey was done and the survey report dated 30.1.2009 was submitted intimating that no such burglary in the business premises of the wife of opposite party no.2 took place. The said survey report has been filed as Annexure-3 to the affidavit accompanying the present application. It is further contended that on the basis of the aforesaid survey report, the applicant vide order dated 3.3.2009 repudiated the claim of the wife of opposite party no.3 on the ground that as per the survey report no proof of burglary was found in the premises, copy of the aforesaid order has been filed as Annexure-1 to the affidavit accompanying the present application. It is next contended that on 2.5.2009, the first information report was lodged by the complainant against the applicant on the ground that when he had gone to the office of the applicant on 1.5.2009, he was criminally assaulted. It is further contended that the claim of the wife of opposite party no.3 was already rejected on 3.3.2009 and, there was no occasion whatsoever for the complainant to come to the office of the applicant after almost two months of such rejection of the claim of the complainant's wife and the allegation in the first information report is highly improbable and it is thus contended that on the basis of the aforesaid first information report, charge sheet has been illegally filed and cognizance has been illegally taken. Issue notices to opposite party no.3 returnable within four weeks. Steps be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant, two weeks thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 3.2.2010 Hasnain