Dear Seniors,
Request you to please brief the detailing of below HC order as I am unable to understand the clearly.
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 applicantin Case Crime No. 520 of 2013, under Sections 376, 313, 323, 504 & 506 I.P.C., Police Station-Kavi Nagar, District-Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad
Regards
Balraj Singh
