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Judgment
Rajesh Dayal Khare, J.—Heard learned Counsel for the applicant and learned A.G.A. for State respondent.
The present application u/s 482 Cr.P.C. has been filed for quashing of the summoning order dated 04.05.2010 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 26, Etah in Complaint Case No. 218 of 2010 (Case Crime No. C-8/2008) under Sections 376/511, 506 I.P.C., Police Station - Ganjdundwara, District - Kanshiram Nagar.
It is contended by the learned Counsel for the applicant that the applicant had filed a written complaint against opposite party No. 2 on 01.05.2008 before the Station House Officer, Police Station - Ganjdundwara, District - Kanshiram Nagar with regard to the theft by the opposite party No. 2. It is further contended that some money and other articles were recovered from the opposite party No. 2 and charge sheet has already been filed in that case. The present proceeding against the applicant is nothing but a counter blast to the said proceedings initiated by the applicant''s side against the opposite party No. 2 which is bad in law.
Learned Counsel for the applicant relied upon the judgment of Hon''ble Apex Court reported in LXIV 2009 ACC 296 SC in the matter of Eisher Tractors Ltd. and Ors. v. Hari Singh in support of his contention.
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 to file counter affidavit. The opposite party No. 2 may also file counter affidavit within the said period. As prayed by the learned Counsel for the applicant two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coversive steps shall be taken against the applicant in the aforesaid case.