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Judgment
Rajesh Dayal Khare, J.—Heard learned Counsel for the applicant and learned AGA for the State-respondent.
The present 482 Petition has been filed for quashing of the chargesheet dated 01.10.2008 filed in case No. 511 of 2009 (State v. Vikas Kumar) arising out of case No. 544 of 2008 under Sections 420, 467, 468, 471 IPC pending before the Chief Judicial Magistrate, Mainpuri.
It is contended by learned Counsel for the applicant that the present matter relates to the dismissal of the constables recruited in U.P. Police Services in the year 2005-06, which dismissal order was challenged by the applicant by way of filing Civil Misc. Writ Petition No. 28002 of 2009, which writ petition was allowed and the dismissal order was quashed vide Judgment and order dated 17.05.2010 passed in Civil Misc. Writ Petition No. 28002 of 2010, copy of which order has been filed Annexure-4 to the accompanying affidavit. It is thus contended that in view of the order passed by the Hon''ble Writ Court, no offence against the applicant is made out under the charged sections and the entire prosecution against the applicant is nothing but harassment.
Issue notice to opposite party No. 2 returnable within four weeks. Steps be taken within a week.
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 petitioner, two weeks'' time thereafter, is granted for filing rejoinder affidavit.
List thereafter before appropriate Court.
Till the next date of listing no coercive action shall be taken against the applicant pursuant to the case No. 511 of 2009 pending before the Chief Judicial Magistrate, Mainpuri.