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BSNbanbans (manager)     13 August 2013

Meening of the attached hc order

Dear Team,

 

Request you to kindly discribe the meening of below HC judgments can we apply for quashing of FIR in our next apeal.

 

Heard learned counsel for the applicans and perused the impugned order.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.


He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within
the same period.


Rejoinder affidavit, if any, may be filed within two weeks thereafter.


List after eight weeks before the appropriate Court.


It is submitted by learned counsel for the applicant that the from the perusal of
the statement of the prosecutrix recorded under Section 164 Cr.P.C., no
offence against the applicant is disclosed. He next submitted that the
prosecutrix having disowned the entire prosecution version as spelt out in the
F.I.R. the continuance of the applicant's prosecution is bad in law.


Submissions made by learned counsel for the applicant, prima facie, appear to
be correct and he has made out a case for grant of interim relief.


Until ordered otherwise, no coercive action will be taken against the applicant
in Case Crime No. 520 of 2013, under Sections 376, 313, 323, 504 & 506
I.P.C., Police Station-Kavi Nagar, District-Ghaziabad

 

Regards

Balraj Singh



Learning

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