Kiran And Another vs State Of U.P. And Another
2013 Latest Caselaw 3576 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20628 of 2013
 

 
Applicant :- Kiran And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajiv Sawhney
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajiv Sawhney, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that opp. party No.2 is the husband of the sister of applicant No.1. He further submits that applicant No.2 had lodged an FIR against opp. party No.2  under Section 306 I.P.C. and he is facing criminal prosecution, hence, the present complaint for malicious prosecution by the husband against the family members of the deceased wife.

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.1582 of 2012, Mukesh Vs. Ashok and others, under Section 406/506 I.P.C.,pending in the Court of Chief Metropolitan Magistrate, Court No.7, Kanpur Nagar shall remain stayed against the applicants.

Order Date :- 3.7.2013

NS