Kumud Kant Parashar And 4 Others vs State Of U.P. And Another
2013 Latest Caselaw 3403 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20257 of 2013
 

 
Applicant :- Kumud Kant Parashar And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sharad Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sharad Kumar Srivastava, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that  applicant No.1 and opp. party No.2 are real brothers and there was an Institution belonging to their father Late Hari Niwas Sharma in which there was a dispute between them and a complaint has been filed by the applicant No.1  before the Joint Registrar, Firm, Society and Chits, Agra Mandal, Agra and the said complaint is pending before the competent authority which is in respect to some dispute in the Institution. He further pointed out that civil suit was also filed by opp. party No.2 against the applicant No.1 for claiming the ancestral property of his father and in that suit also opp. party No.2 was denied any interim order. Hence, the malicious complaint by opp. party No.2 against the applicant No.1 and his family members.

Notice on behalf of opp. party No. 1 has been accepted by the learned AGA.

Issue notice to opp. party No.2 returnable within four weeks at the address given in the petition.

Opp. party 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 thereafter be filed within two weeks.

List immediately after expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, further proceedings of complaint case No.325 of 2012, under Sections 504,506,384 I.P.C., pending before the A.C.J.M., Court No.11, Agra shall remain stayed against the applicants.

Order Date :- 1.7.2013

NS