Ram Kumar And 5 Others vs State Of U.P. And Another
2013 Latest Caselaw 3676 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 21018 of 2013
 

 
Applicant :- Ram Kumar And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vishwa Pratap Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Vishwa Pratap Singh, 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 tried to encroach the land of the applicants for which a complaint was filed by them before the higher authorities and the encroachment made by opp. party No.2 was removed by the order of the S.D.M. dated 4.12.2010, a copy of which has been annexed as Annexure-7 to the accompanying affidavit. 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  criminal case No.899 of 2012 (Angane  Lal Vs. Ram Kumar and 5 others),  under Sections 147,148,149,504,506,427 I.P.C., Police Station Katra, District Shahjahanpur shall remain stayed against the applicants.

Order Date :- 4.7.2013

NS