Heard learned counsel for the applicant and the learned A.G.A.
The applicant, through the present application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with the prayer that the entire proceedings of complaint case no.7425 of 2008 dated 23.10.2008 under sections 420, 467, 468, 471, 406, 120B I.P.C. and summoning order dated 25.05.2010 passed by Chief Judicial Magistrate, Saharanpur, P.S. Sadar Bazar, District Saharanpur pending in the court of Chief Judicial Magistrate, Saharanpur be quashed.
It is contended by learned counsel for the applicant that the malicious prosecution has been launched against the applicant with malafide intention by the respondent no. 2.
Issue notice to respondent No. 2 returnable within three weeks. Learned AGA as well as respondent No. 2 may file counter affidavit within the aforesaid period.
List this case in the week commencing 23rd August, 2010 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid complaint case no.7425 of 2008 dated 23.10.2008 under sections 420, 467, 468, 471, 406, 120B I.P.C. and summoning order dated 25.05.2010 passed by Chief Judicial Magistrate, Saharanpur, P.S. Sadar Bazar, District Saharanpur pending in the court of Chief Judicial Magistrate, Saharanpur shall remain stayed against the applicant.
Order Date :- 30.6.2010 Naresh