Court No. - 45
Case :- APPLICATION U/S 482 No. - 33464 of 2018 Applicant :- Santosh Singh Rathore And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rahul Sahai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.10.2014 as well as the entire proceedings of Case No. 4554 of 2015 (State Vs. Santosh Singh Rathore and Another), arising out of Case Crime No. 720 of 2014, under Sections- 406, 323, 506 I.P.C., Police Station- Kotwali, District- Budaun, pending in the court of Chief Judicial Magistrate.
Argument is that chargesheet has been illegally submitted in this case. The allegation in the F.I.R. show that there is dispute of rent and possession of the disputed shop between the parties who are landlord and tenant. It has been submitted that the chargesheet has been submitted without properly investigating the case. The nature of the offence alleged does not amounts to any criminal offence and remedy of the opposite party no. 2 lies elsewhere.
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 :- 29.10.2018 Rohit