Heard learned counsel for the applicants and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding arising out of Criminal case No. 2395 of 2010 ( State Vs. Vidhan Chandra Sharma and others) in case Crime No. 81 of 2010, under Sections 323, 504, 506 I,P.C. and 3(1) X SC/ST Act, P.S. Kwarsi , district Aligarh, pending before the Chief Judicial Magistrate, Aligarh as well as to quash the impugned charge sheet No.4 of 2010 submitted by Investigating Officer in case No.81.
It is contended by the learned counsel for the applicants that the F.I.R. was lodged after two days of the alleged incident and there is no plausible explanation of the same. It is further contented that opposite party No.2 initiated the present proceeding due to malafide intention. It is further contended that no incident as alleged has taken place and there is no injury caused.
Issue notice to opposite party No.2 returnable within a period of four weeks. Steps be taken within a weeks.
Learned A.G.A. prays for and is granted four weeks time for filing 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 immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing no coercive action shall be taken against the applicant Criminal case No. 2395 of 2010 ( State Vs. Vidhan Chandra Sharma and others) in case Crime No. 81 of 2010, under Sections 323, 504, 506 I,P.C. and 3(1) X SC/ST Act, P.S. Kwarsi.
Order Date :- 14.6.2010 Rkb