- (1.) Half a dozen applicants consisting of a family of Smt. Kamla widow of Halkaiya applicant no. 4, her three sons Ashok, Ramesh and Lakhan, applicants 1 to 3 and her two daughters Km. Anita and Smt. Rekha, who is married to Nand Kishore, resident of Sakurpur, Delhi, through this Application u/s 482 have prayed for following reliefs:- (a) to quash summoning order dated 13.3.97 and order dated 3.3.2001 by which orders Judicial magistrate Gortha, district Jhansi has rejected protest application/review petition filed by the applicants in complaint case no. 455 of 1996, Smt. Rani versus Ashok and others; (b) to quash revisional court's order dated 6.6.2003 passed by Additional Sessions Judge, Jhansi in Criminal Revision No. 57 of 2001, Ashok Kumar and others versus Smt. Rani and others; (c ) to quash further proceedings of complaint case no. 455 of 1996, Smt. Rani versus Ashok and others, pending in the court of Judicial Magistrate Gortha district Jhansi.
(2.) Further and additional prayer of the applicants is for stay of trial court proceedings of the aforesaid case pendete lite this application.
(3.) This application was called out in the revision of the list. Sri S.P. Sharma, learned advocate appeared for the applicants but inspite of service of notice, complainant Smt. Rani/respondent no.2 neither appeared nor has filed any counter affidavit. Albeit learned AGA representing respondent no. 1 State is present but no counter affidavit by State has also been filed. This 482 Cr.P.C. Application was filed eleven years ago and it cannot be kept pending in the racks of this courts without being finally disposed off for an indefinite period and no further time is desirable to be allowed to any one of the respondents to file counter affidavit and consequently with the help of counsel for the applicant and learned AGA this application is being dis posed off as under after vetting through the entire record carefully.;