Citation : 2014 Latest Caselaw 4840 ALL
Judgement Date : 22 August, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- APPLICATION U/S 482 No. - 33060 of 2014 Applicant :- Dinesh Kumar Mishra And 3 Ors. Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.K. Tyagi Counsel for Opposite Party :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsels for the parties and perused the record.
Learned counsel for the applicant contended that in compliance of order of Sub-Divisional Magistrate the encroachment was removed in which hut was demolished. However on the basis of false allegation the impugned complaint has been filed. Even according to the police inquiry report, no offence is made out against the applicants. The proceeding is malicious and is liable to be quashed.
Issue notice to opposite party no. 2,returnable at an early date.
List after six weeks .
Till the next date of listing, further proceedings in complaint case no. nil of 2013, under Sections 323, 504, 506, 435 I.P.C. P.S. Soraon, District Allahabad, pending in the court of A.C.J.M. Allahabad shall remain stayed.
Order Date :- 22.8.2014
AHN
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