- (1.) Supplementary affidavit filed on behalf of the applicant today in the Court which is taken on record wherein it has been stated that the applicant had no knowledge about filing of the charge sheet as no notice or summon was ever served upon and it was only in the 2nd week of August, 2011 the applicant came to know about the present proceedings and without any delay the present 482 Cr.P.C., application has been filed. It is thus, contended that there is no laches on the part of the applicant in approaching this Court.
(2.) Heard learned counsel for the applicant and learned A.G.A. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Case No. 2055 of 2008, under Sections 147, 148, 339, 341 I.P.C., and Section 7 of Criminal Law Amendment Act, Police Station Prem Nagar, District Jhansi pending before learned Judicial Magistrate, Ist, Court No.9, District Jhansi pursuant to the charge sheet dated 25.08.2006.
(3.) It is contended by learned counsel for the applicant that without any notice or summon served upon the applicant, non-bailable-warrant process under Section 82 Cr.P.C., has been issued against the applicant on 28.07.2011. It is further contended that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.;