Application under Section 482 Cr.P.C. to quash summoning order and proceedings falsely implicated applicants. Prayer for quashing refused. Counter affidavits allowed. No coercive action pending.
Prayer for quashing refused; counter affidavits allowed; no coercive action pending.
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Court No. - 55
Case :- APPLICATION U/S 482 No. - 17622 of 2018
Applicant :- Smt. Sangeeta @ Suneeta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This petition under Section 482, Cr.P.C. has been filed for quashing the summoning order dated 17.1.2017 as well as entire proceedings of Complaint Case no. 2601 of 2016, under Section 406 I.P.C., P.S. Singhawali Ahir, district-Baghpat, pending in the Court of Judicial Magistrate, Baghpat.
It is contended by learned counsel for the applicants that the applicants are married sisters-in-law (nand) of opposite party no. 2 have been falsely implicated in the present case by the opposite party no.2 on the general allegations, which is against the well settled principles of law as laid down by Hon'ble Apex Court reported in 2012 (10) SCC 741 in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh .
The prayer for quashing the proceedings is refused.
Issue notice to the 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 applicants two week thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 12.11.2018 Faridul
1 issue framed by the court
Whether the proceedings under Section 406 IPC should be quashed on grounds of false implication.
1 provisions across 1 enactments
Smt. Sangeeta @ Suneeta
State Of U.P.
Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
