Kishori Lal And Others vs State Of U.P.And Another
2012 Latest Caselaw 2516 ALL

Citation : 2012 Latest Caselaw 2516 ALL
Judgement Date : 20 June, 2012

Allahabad High Court

Kishori Lal And Others vs State Of U.P.And Another on 20 June, 2012

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- APPLICATION U/S 482 No. - 20856 of 2012
 

 
Petitioner :- Kishori Lal And Others
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Anil Kumar Savita
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Anil Kumar Savit, learned counsel for the applicants and learned A.G.A. for the State.

By means of this application, the applicants has invoked the inherent jurisdiction of this Court with a prayer for quashing of the summoning order dated 4.6.2011 passed by the A.C.J.M. (Court No. 2), Ramabai Nagar in Complaint Case No. 649 of 2010 for the offence under Sections 384, 323, 343 I.P.C., P.S. Sikandara District Ramabai Nagar.

It is contended by the learned counsel for the applicants that the son of Opposite Party No. 2 is married to sister of applicant Nos. 1, 2 and 3 and the sister of the applicant lived for some time with the son of the Opposite Party No. 2 and thereafter, there was some matrimonial dispute arose between them for which a compromise was set up but it did not materialize. Hence, the present complaint has been filed by Opposite Party No. 2.

In view of the matter, stay further proceedings. Issue notice to opposite party no. 2 returnable within four weeks at the address given in the petition. If the requisite for issuing the notice under registered postal cover with acknowledgment due are not filed within 10 days this petition shall stand dismissed with further reference to any Bench of this Court.

O.P. No. 2 may file counter affidavit within four weeks. Learned A.G.A may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.

List immediately after the expiry of the aforesaid period.

Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No. 649 of 2010, for the offence under Sections 384, 323, 343 I.P.C., P.S.Sikandara, pending in the Court of learned A.C.J.M. (Court No. 2), Ramabai Nagar.

Order Date :- 20.6.2012

Arun K. Singh