Heard learned counsel for the applicant and learned A.G.A. for the State respondents.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings of case no.523 of 2010 (State Vs. Tarkeswar) under Sections 323, 504, 506, 392 IPC & 3 (1)(IX) S.C/S.T Act, P.S. Pataherwa, District Kushinagar pending before Judicial Magistrate, Kushinagar and also for quashing of the charge sheet dated 3.11.2009 filed in the aforesaid case.
It is contended by the learned counsel for the applicant that the applicant who is the Principal in Patel Smarak Inter College, Patelnagar, Bhatahat, district Gorakhpur and he is recipient of National award for teachers in the year 2004 and other such awards, has falsely been implicated by the opposite party no.2 alleging that the opposite party no.2, who is driver and his driving license and Rs.400/- have been taken away by the applicant. It is further contended that criminal proceeding of the applicant is absolutely false and malafide and deserves to be quashed.
Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. 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 applicants two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately, after expiry of the aforesaid period. Till the next date of listing, no coercive step shall be taken against the applicant.
Order Date :- 14.6.2010 Gaurav