Dwarika Prasad And 9 Others vs State Of U.P. And Another
2013 Latest Caselaw 3595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20675 of 2013
 

 
Applicant :- Dwarika Prasad And 9 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.C. Maurya
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri R.C. Maurya, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that applicants and opp. party No.2 are real cousin  and a suit is pending between them with respect to the ancestral property and applicant No.1 had lodged an FIR against the opp. party No.2 under Sections 147,148,149,427,389,420,504,506 I.P.C.on 30.10.2012 in which he had surrendered and obtained bail and he is facing criminal prosecution, hence, the present complaint for malicious prosecution of the applicants by opp. party No.2 including the ladies of the house.

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.55 of 2013, Hari Prasad Vs. Satya Prakash and others, under Sections 147,148,323,504,506,353,395 I.P.C., pending before the Special Judge (D.A.A.), P.S. Sikandra, District Agra shall remain stayed against the applicants.

Order Date :- 3.7.2013

NS