Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of the order dated 28.3.2019 passed by Judicial Magistrate-II, Kanpur Dehat, arising in Complaint Case No. 615 of 2016, under sections 406, 363 IPC, P.S. Gajner, District Kanpur Dehat.
Learned counsel for the applicant submits that it is very relevant to mention here that the opposite party No. 2 firstly lodged the FIR and when he was failed then on the same allegation he has moved complaint, therefore, the alleged complaint is barred by the law. He therefore submits, no prosecution could lie against the applicant, in such circumstances.
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 :- 29.10.2021 RPD