Haneefuddin And Another vs State Of U.P. And 2 Ors
2015 Latest Caselaw 1801 ALL

Citation : 2015 Latest Caselaw 1801 ALL
Judgement Date : 13 August, 2015

Allahabad High Court

Haneefuddin And Another vs State Of U.P. And 2 Ors on 13 August, 2015

Bench: Bala Krishna Narayana, Vijay Lakshmi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19717 of 2015
 
Petitioner :- Haneefuddin And Another
 
Respondent :- State Of U.P. And 2 Ors
 
Counsel for Petitioner :- Anil Kumar Srivastava
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State.

It is submitted by the learned counsel for the petitioners that the impugned F.I.R has been lodged by the respondent No.3, who is an employee of Nagar Palika Tanda, District Rampur against the petitioners containing absolutely false and concocted allegations with ulterior intention of putting pressure upon the petitioner to withdraw the civil suit filed by him against Chairman Nagar Palika, Tanda, District Rampur in which an order of temporary injection has been passed by the Civil Court on 30.7.2015 ( Annexure-5 to the writ petition) directing the parties to maintain status quo in respect of the disputed property

The submissions made by learned counsel for the petitioners, prima facie, appear to have some substance. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 3 who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter after eight weeks before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 2.8.2015 registered as Case Crime no. 310 of 2015, under section 3 of Prevention of Damage of Public Property Act, 1984 and Sections 504 and 506 I.P.C, Police Station Tanda, district-Rampur.

Order Date :- 13.8.2015

G.S