GAMA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and the learned AGA.

(2.) THE order dated 20 -9 -2005 indicates that opposite party No. 2 Smt. Ram Sakhi has been served with notices. However, she has not been filed any counter -affidavit till date. By the order -dated 2 -2 -2006 passed by this Court (Hon'ble Shiv Shanker, J.), the opportunity to file counter -affidavit has been closed. Therefore, the present application is being heard finally.

(3.) LOOKING to the facts and circumstances of the case and the merits of the matter it cannot be said at this stage that no offence is made out against the present applicant, who is the father -in -law, for the offences for which he had been summoned. At this stage, it is not for this Court to record a findings of acceptance of alibi without evidence being led in the case.