Ghanendra Singh vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard Learned Counsel for the applicant and learned AGA for the State-respondent. The present application u/s 482 Cr.P.C. has been filed for quashing of charge sheet dated 02.06.2011 filed in Case Crime No. 347, 348 of 2011, under Sections 25 Arms Act and 60 Excise Act, PS Soron, district Kanshi Ram Nagar pending before the Additional Chief Judicial Magistrate, Kanshi Ram Nagar and also for quashing the cognizance taking order dated 19.07.2011.

It is contended by the Learned Counsel for the applicant that mother of applicant had filed a complaint against Desh Raj Singh, who is Sub-Inspector and as a counter blast, the police has falsely apprehended the applicant at the time when the applicant had gone with his wife for the examination, in which his wife was appearing.

It is further contended by the Learned Counsel for the applicant that the applicant made a complaint to the Secretary of Uttar Pradesh SC/ST, Commission, Lucknow, pursuant to which inquiry was made and report was submitted on 01.09.2011, in which it was reported that the applicant was falsely implicated and was sent to jail, copy of which has been filed as annexure-6 to the accompanying affidavit.

It is, thus, contended by the Learned Counsel for the applicant that criminal prosecution of the applicant is bad in law.

Issue notice to the opposite party No. 2 returnable within a period of four weeks. Steps be taken within a week.

Learned AGA prays for and is granted four weeks'' time to file a counter affidavit. Opposite party No. 2 may also file counter affidavit within the same period. Learned counsel for the applicant shall have two weeks thereafter to file a rejoinder affidavit.

List immediately after the expiry of the aforesaid period before the appropriate Court. Till the next date of listing, no coercive action shall be taken against the applicant.