Heard learned counsel for the applicant and the learned AGA for the State- respondent.
The present 482 Cr.P.C. petition has been filed for quashing the charge sheet filed in case crime no.210 of 2009, in GST No.721 of 2009, under Section 2/3 of U.P. Gangsters Act, registered as G.S.T. No.271 of 2009, pending before the Additional District and Sessions Judge, Court No.14, district Aligarh. It is contended by the learned counsel for the applicant that two cases are shown to be pending against the applicant, being case crime no.40 of 2009, under Sections 379, 411 IPC and Section 3/5 of Electricity Act and case crime no.22 of 2009 under Sections 136 & 137 of Electricity Act. It is further contended that as per the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, the offence under the Electricity Act are not covered under the said Act.
Issue notices to opposite party no.2 returnable within four weeks. Steps be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant, two weeks thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 2.4.2010 Hasnain