Premwati And 3 Others vs State Of U.P.And Another
2013 Latest Caselaw 3439 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20222 of 2013
 

 
Applicant :- Premwati And 3 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Rajesh Kumar Dubey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajesh Kumar Dubey, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that the dispute between the parties, if any, is purely of civil nature and civil  litigation has also been filed by opp. party No.2 against the applicants under Section 176 of U.P.Z.A. & L.R. Act, in which status quo order has been passed. Thereafter opp. party No.2 again indulged in dispute with the applicant No.1 for which she has lodged an FIR under Sections 379, 504,506 I.P.C. against opp.  party No.2 in which charge sheet has been submitted and he is facing criminal prosecution, hence, the present complaint for malicious prosecution of the applicants by opp. party No.2.

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.1704 of 2012, Mool Chandra Vs. Premwati and others, as well as summoning order dated 12.2.2013, under Sections 323,504,506,427 I.P.C., Police Station Jarcha, District Gautam Buddh Nagar, pending in the Court of Additional Chief Judicial Magistrate, 1st, District Gautam Buddh Nagar shall remain stayed against the applicants.

Order Date :- 1.7.2013

NS