KHOOB SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) BY means of this petition moved under section 482 of the Code of Criminal Procedure 1973, the petitioner has sought quashing of the proceeding of Criminal Case No. 74 of 2003, Smt. Kailasho Vs. Khoob Singh filed Under Section 125 of Cr.P.C., Police Station Pathri District Haridwar, pending in the court of Judge Family Judge Haridwar. Also, order dated 9.11.2004 passed by Judge Family Judge Haridwar in misc. case no. 109 of 2004, arising out aforesaid case No. 74 of 2003 has also been sought to be quashed.

(3.) LEARNED Counsel in the petitioner contended that petitioner is admittedly a Chowkidar in Government school, and condition to pay Rs. 10,000 at costs for setting aside exparte order infact practically dismisses the application as the petitioner can not fulfill such condition.