Citation : 2015 Latest Caselaw 5147 ALL
Judgement Date : 7 December, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 28775 of 2015 Petitioner :- Dinesh Kumar Gupta And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra,Vinay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J.
Hon'ble Naheed Ara Moonis,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 petitioner no.1 is the Chairman of the Town Area, Belthara Road, District Ballia and impugned F.I.R has been lodged by respondent no.4 containing absolutely false and concocted allegations as a counterblast to the complaint filed by the petitioner no.1 against respondent no.4 Railway Authority and the local police.
The submissions made by learned counsel for the petitioners, prima facie, appear to be correct. The matter requires consideration.
Learned A.G.A has accepted notice on behalf of opposite party nos.1, 2 and 3. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 4, who may also file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately 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 27.10.2015 registered as Case Crime no.1334 of 2015, under sections 353, 352, 506 I.P.C., Police Station Ubhaon, District Ballia.
Order Date :- 7.12.2015
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