HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- APPLICATION U/S 482 No. - 20704 of 2015 Applicant :- Neeraj And 6 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- Govt. Advocate Hon'ble Shashi Kant,J.
Heard Sri Kandarp Srivastava learned counsel for applicants, learned A.G.A. for the State of U.P. and perused.
It is contended by the learned counsel for the applicants that with respect to the same subject matter, the proceedings of the case has been challenged by co-accused Neeraj in Criminal Misc. 482, Cr.P.C., Applicaiton No. 20113 of 2015 in which an interim order has been passed by this Court vide order dated 21.7.2015, a copy of which has been submitted today by learned counsel for the applicants and same is taken on record and hence the present applicants is also entitled for the same relief.
Learned A.G.A. has opposed the above submissions could not any facts and material before the Court, which may controvert the above submission of learned counsel for the applicants.
Consideration the rival submission made by the learned counsel for the parties and on perusal of material available on record. I am of the view that matter requires consideration.
In view of the above facts and the submissions made on behalf of the applicants have made out a case for interim relief.
Notice on behalf of opposite party no. 1 has been accepted by the learned A.G.A.
Issue notice to opposite party no. 2, returnable at an early date.
Steps for service on opposite party no. 2 be taken within a week by RPAD.
Opposite parties are directed to file counter affidavit within four weeks', Rejoinder affidavit, if any, may be filed within two weeks' thereafter.
List after expiry of the aforesaid period before appropriate Bench along with Applicaiton under Section 482 Cr.P.C. No. 20113 of 2015.
Till the next date of listing, the proceedings of Criminal Case No. 405 of 2015, under Section 12 of Protection of Woman from Domestic Violence Act, Police Station New Agra, District Agra pending in the Court of Additional Chief Judicial Magistrate XIth, Agra against the applicants shall remain stayed.
Order Date :- 27.7.2015/M Zaid