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Km. Lalit & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 8173 of 2006 [2006] RD-AH 11949 (21 July 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ravindra Singh, J.

Heard learned counsel for the applicants and learned A.G.A.

It is contended by the learned counsel for the applicants that in the present case the statement of  prosecutrix Km Awalesh was recorded under Section 164 Cr. P. C.  According the her statement she was  major and aged about 21 years. She has not supported the prosecution version. She stated that she has married with one Ramesh according to the Hindu rites and she was not abducted by any persons and she expressed her desire to go with her husband Ramesh. Thereafter, she went in the company of her husband Ramesh.

It is further contended that in the present case no sanction has been obtained from the State Government for the prosecution of the applicants as required by the section 197 Cr. P. C.

Learned A.G.A. prays for and is granted 4 weeks' time to file counter affidavit.

Issue notice to opposite party no. 2 returnable within a period of four weeks

In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicants and learned A.G.A.  the further proceedings in Criminal  Case No. 91 of 2003,  pending in the court of learned XIII, Additional Chief Judicial Magistrate, Agra shall remain stayed till the next date of listing.

List  after 4 weeks for orders.


Dated: 21.07.2006



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