Mukesh And Another vs State Of U.P. And Another
2013 Latest Caselaw 3501 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20482 of 2013
 

 
Applicant :- Mukesh And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajesh Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

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

It is contended by the learned counsel for the applicants that the applicants were granted patta with respect to Gaon Sabha land and opp.party No.2 wanted to grab the same from the applicants and had also assaulted the applicants for which an FIR was lodged which was registered as Case Crime No.338 of 2011  on 1.9.2011  for offence under Section 307/452 I.P.C., a copy of which has been annexed as Annexure-5 to the accompanying affidavit. He further pointed out that the wife of applicant No.1 Smt. Monika Devi also received gunshot injury on her person. Hence, the present complaint for malcious 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.2707 of 2011, under Sections 379,506  I.P.C., pending in the Court of  Additional Chief Judicial Magistrate, Court No.2, Bulandshahr shall remain stayed against the applicants.

Order Date :- 2.7.2013

NS