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Judgment
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 the charge sheet dated 25.08.2009 filed in Criminal Case No. 04 of 2010 arising out of Case Crime No. 300 of 2009, under Sections 506 IPC and 3(1)10 of SC/ST Act, PS Garhmukteshwar, district Ghaziabad pending before the Civil Judge (Junior Division)/Judicial Magistrate, Garhmukteshwar, district Ghaziabad.
It is contended by the Learned Counsel for the applicant that in the present case no summon or notice was issued nor received by the applicant and cognizance was taken on 04.01.2010.
It is also contended by the Learned Counsel for the applicant that there are no laches on the part of the applicant in filing of the present application.
It is further contended by the Learned Counsel for the applicant that non-bailable warrant has been issued against the applicant for an incident, which never took place.
Learned counsel for the applicant contends that the applicant is the head of the Bachelor Physical Education Department at Vedant College of Education, Garhmukteshwar, district Ghaziabad and opposite party No. 2 got his name registered in 2008 for the post of B.P. Ed. 2008-2009 and some alteration has taken place between the staff and opposite party No. 2.
It is next contended by the Learned Counsel for the applicant that the applicant had no concern with the admission of opposite party No. 2 in the said course.
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.