Court No. - 1
Case :- APPLICATION U/S 482 No. - 24982 of 2018 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,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 impugned chargesheet No. 24/2014 dated 17.04.2014 and cognizance order along with entire proceedings of Case No. 776/9 of 2018 (State vs. Arun and others) pending in the Court of Judicial Magistrate-Ist, Muzaffarnagar arising out of Case Crime No.53 of 2014, u/ss. 147, 148, 149, 151, 152, 332, 353, 341, 342, 336, 186, 189, 504, 427 IPC and 7 Criminal Law (Amendment) Act, Police station Ratanpuri, District Muzaffarnagar.
Learned counsel for the applicant submits that the applicant has qualified for Armed Forces and his training completed between 25.03.2017 and 24.02.2018 but he could not join his services because of pendency of the present case and during this course, when his father moved an application before the SSP concerned for reinvestigation in the matter, involvement of the applicant was found to be false. The said fact is mentioned in paragraph nos. 13 and 14 of the writ petition.
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 aginst the applicant only.
The case of the applicant is distinguishable from the other co- accused persons.
It is further made clear that this order granting interim protection to the present applicant shall not be treated as parity to the other co-accused.
Order Date :- 25.7.2018 Madhurima