Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Sanjay Shukla, learned counsel who has put in appearance on behalf of the opposite party no.2.
The present petition under Section 482 Cr.P.C., has been filed for quashing the proceedings of the Complaint Case No. 3800 of 2008, under Sections 147, 148, 392, 452, 427, 504, 506 I.P.C., pending before learned Additional Chief Judicial Magistrate, Court No.17, District Gorakhpur and also for quashing of the summoning order dated 23.10.2009.
It is contended by learned counsel for the applicants that for the alleged incident the applicant no.4 lodged the F.I.R. in Case Crime No. 338 of 2008, under Sections 147, 323, 504, 506, 452 I.P.C., and Section 3(1)(X) of SC/ST Act, against the opposite party no.2, father of the opposite party no.2 and others against which cross case was also lodged against the applicants on the same day i.e. on 05.09.2008. It is further contended that the opposite party no.2 on the basis, of the same incident filed an application under Section 156(3) Cr.P.C. showing the incident took place on 04.09.2008, in which, the present proceedings are drawn against the applicants and the applicants have been summoned. Learned counsel for the applicants has drawn the attention of this Court to the police report,(Ann.6) to authenticate the averments made by learned counsel for the applicants. Learned counsel for the applicants has further relied upon a Judgement of Hon'ble Apex Court reported in 2009(1)JIC 245 (SC) M/s Eicher Tractor Ltd. and others Vs. Harihar Singh and another in support of his contention.
Sri Sanjay Shukla, learned counsel for the opposite party no.2 prays for and is granted two weeks' time for filing counter affidavit. Learned A.G.A. may also file counter affidavit within the same period. As prayed by learned counsel for the applicants two weeks' thereafter is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 28.1.2010 S.Ali