Court No. - 55
Case :- APPLICATION U/S 482 No. - 39238 of 2018 Applicant :- Nazruddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Complaint Case No. 6022 of 2017 (State Vs. Najruddin) under Section 22 of Mines and Minerals (Development and Regulation Act, 1957 & U.P.Upkhanij Parihar Rules, 1963, police station Dilari, District Moradabad as well as summoning order dated 23.3.2017 pending in the Court of C.J.M.,Moradabad.
Learned counsel for the applicants submits that the applicant is a registered owner of the vehicle seized by the Mines Officer and it has been released in favour of the applicant.It is next contended that no service of summon upon the applicant has been made and the court below issued summon on 6.8.2018.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed.
Order Date :- 30.10.2018 IA