Court No. - 76
Case :- APPLICATION U/S 482 No. - 46475 of 2019 Applicant :- Smt. Rita Roy Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Sharma,Rajiv Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 2153 of 2014 (State Vs. Manish and others), arising out of Case Crime No. 84 of 2014, under Sections- 441, 447 I.P.C., Police Station- Mutthiganj, District- Allahabad, pending in the court of learned Judicial Magistrate-II, Allahabad.
3. Learned counsel for the applicant submits that the applicant is a widow and has not been named in the F.I.R. The applicant is residing in her portion of the house and one Premkeeth Roy has sold a property to some other person who has raised some unauthorized construction. The applicant has nothing to do with the illegal construction which has been raised by the purchaser. He therefore submits, no prosecution could lie against the applicant, in such circumstances.
4. Matter requires consideration.
5. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
6. Issue notice to opposite party no.2 returnable at an early date.
7. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
8. List thereafter.
9. Till the next date of listing, no coercive action shall be taken against the applicant.
Order Date :- 17.12.2019 Priya