Sushila And 2 Others vs State Of U.P. And Another
2013 Latest Caselaw 3593 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20630 of 2013
 

 
Applicant :- Sushila And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.K. Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri R.K.Mishra, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that applicant No.2 was granted patta of the Gaon Sabha land and husband of opp. party No.2 tried to interfere in the peaceful possession of the applicants for which an FIR was  also lodged by Lekhpal of the village against the husband of opp. party No.2 which was registered as case  crime No.2288 of 2011, under Section 198(2) of U.P.Z.A. & L.R. Act, a copy of which has been annexed as Annexure-5 to the accompanying affidavit, hence, the presnet 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.769 of 2011, Smt. Kanti Devi Vs. Sushila and others,  under Sections 323,427,504 I.P.C. and 3(1)10 SC/ST Act, Police Station Swar, District Rampur, pending in the Court of Additional Chief Judicial Magistrate-Ist, Rampur shall remain stayed against the applicants.

Order Date :- 3.7.2013

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