HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 28496 of 2015 Petitioner :- Mehar Nigar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R has been lodged by respondent no.3 containing absolutely false and concocted allegations against the petitioners after he failed to obtain temporary injunction in the civil suit filed by him against the petitioners, with ulterior motive mounting pressure upon them to enter into a compromise favourable to him in the civil suit.
The submissions made by learned counsel for the petitioners, prima facie, appear to be correct. The matter requires consideration.
Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 3, who may also file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after eight weeks before the appropriate Court.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 28.10.2015 registered as Case Crime no.623 of 2015, under sections 427, 323, 452, 504, 506 I.P.C., Police Station Kotwali, District Bareilly.
Order Date :- 3.12.2015 RU