Citation : 2015 Latest Caselaw 620 ALL
Judgement Date : 21 May, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 58 Case :- APPLICATION U/S 482 No. - 12633 of 2015 Applicant :- Pramod Kumar And 5 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- Govt. Advocate Hon'ble B. Amit Sthalekar,J.
Heard Sri Anurag Dubey, learned counsel for the applicant.
The applicant is seeking quashing of the proceeding of Criminal Case No. 813 of 2013, under Sections 452, 427, 323, 504, 506 I.P.C., Police Station Kishni, District Mainpuri.
From the allegations made out in the complaint, it appears that there is an old enmity from the period of 1987. A complaint was lodged by the opposite party no.2 on 23.5.2013. It is submitted that there is nothing in the complaint as to why the applicants assaulted the opposite party no.2 in 2014.
The complaint does not even show that there is any chain of incidents which took place between the applicants and opposite party no.2.
In my opinion, no prima facie case is made out.
Issue notice to opposite party no.2 returnable within four weeks. Steps be taken within a week.
Respondents may file counter affidavit within four weeks.
List thereafter.
Till the next date of listing further proceedings of Criminal Case No. 813 of 2013, under Sections 452, 427, 323, 504, 506 I.P.C., Police Station Kishni, District Mainpuri shall remain stayed.
Order Date :- 21.5.2015/Ashish Pd.
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