HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- APPLICATION U/S 482 No. - 19249 of 2011 Petitioner :- Mukesh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- U.P.Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants, the learned AGA for the State and perused the impugned order.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
Issue notice to the opposite party no.2, who may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List after expiry of the aforesaid period before the appropriate Bench.
The submission is that the impugned criminal complaint has been filed by the opposite party no.2 against the applicants containing absolutely false and vexatious allegations as a counter blast to the criminal case which has been registered against her husband under Section 307 IPC on the basis of the first information report lodged by the applicant no.1, Mukesh.
The submissions made by the learned counsel for the applicants prima facie appear to be correct and the applicants have made out a case for grant of interim protection.
In view of the above, it is directed that until further orders the effect and operation of the impugned order dated 18.4.2011, passed by Judicial Magistrate, IIIrd, District Bareilly and further proceedings in Criminal Case No.37 of 2010, under Sections 452, 323, 504 IPC, Police Station C.B. Ganj, District Bareilly shall remain stayed.
Order Date :- 21.6.2011 Mustaqeem.