Sharif and others vs State of U.P and another

Vedpal, J.

This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the complaint case no. 2581 of 2006 filed by one Aasha Ram against the petitioners for the offence punishable under Sections 392,323,504 and 506 I.P.C., pending in the Court of C.J.M. Sitapur and also order dated 3.1. 2008 by means of which the petitioners were summoned to face trial .

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record of the case.

Learned counsel for the petitioners submits that in the impugned order dated 3.1.2008 the learned Magistrate has stated that he perused the statements of Aasha Ram, Harishanker Pathak and Girish Kumar, who have supported the prosecution version but Hari Shanker has not corroborated the prosecution version and there is no statement of Girish Kumar on the record of the learned trial Court. This plea has been specifically taken in para 4 of the supplementary affidavit filed by the petitioners.

Learned A.G.A. seeks time to get instructions in the matter.

Issue notice against opposite party no. 2 o file counter affidavit within fifteen days from the date of service of notice.

List immediately thereafter.

Learned A.G.A. may file counter affidavit in the meantime.

In the meantime, proceedings of Complaint Case No. 2581 of 2006 Aasha Ram Vs. Sharif and others pending in the Court of C.J.M. Sitapur under Sections 392,323,504 and 506 I.P.C. shall remain stayed.