Bhakti Prapannayati And Others vs State Of U.P. And Another
2011 Latest Caselaw 6465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 37362 of 2011
 

 
Petitioner :- Bhakti Prapannayati And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Pankaj Sharma
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Surendra Singh,J.

Heard learned counsel for the applicants and learned AGA for the State.

It is argued by counsel for the applicants that on account of FIR instituted by applicant no.2, Vrindavan Das against the opposite party no.2 and some other accused persons under sections 147, 323, 504, 506, 452 IPC on 28.06.2010 in which applicant no.1 had sustained injuries and charge sheet has also been submitted, opposite party no.2 has lodged the present FIR on a application under section 156(3) Cr.P.C. in order to mount pressure upon the applicants and the present criminal proceeding is, therefore, nothing but an abuse of process of law, which deserves to be set aside. He further submitted that nobody has sustained injury in the alleged incident.

Issue notice to Opposite Party No.2 returnable at an early date, who may file counter affidavit within three weeks. Learned AGA may also file counter affidavit within the aforesaid period. Rejoinder Affidavit, if any, may be filed within two weeks thereafter.

List this case in the week commencing 27.02.3012 before the appropriate bench.

Till the next date of listing, no coercive action shall be taken against the applicants in  case no. 155/IX of 2011, arising out of case crime no. 492 of 2010, under section 323, 504, 506 IPC, Police Station Govardhan, District Mathura pending before IInd A.C.J.M. Mathura.

Order Date :- 13.12.2011

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