Court No. - 45
Case :- APPLICATION U/S 482 No. - 36209 of 2018 Applicant :- Mukesh Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Nath Yadav,Abhishek Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 02.08.2015 as well as the entire proceedings of Case No. S.S.T. No. 151 of 2016 (State Vs. Mukesh and others), arising out of Case Crime No. 420 of 2015, under Sections- 147, 427, 452, 323 I.P.C. and Section 3(1) S.C./S.T. Act, Police Station- Saraikhawaja, District- Jaunpur.
The allegation is that during the Barat procession some dispute took place between the parties and the applicants were illegally detained. Against the illegal detention they made a complaint before this court and other authorities. In pursuance of the complaint the inquiry is proceeding and in the meantime F.I.R. has been lodged and charge sheet has been submitted by the police.
It has been submitted that till the conclusion of the inquiry the applicant should not be compelled to appear before the court below. It has been submitted that the charge sheet has been submitted by the police maliciously and without taking into account, the correct facts and the cognizance order is also bad in law.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant.
Order Date :- 31.10.2018 Rohit