Rizwan And 3 Others vs State Of U.P. & Another
2015 Latest Caselaw 658 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 12933 of 2015
 

 
Applicant :- Rizwan And 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Shams Uz Zaman
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Ms. Shreya Singh, Advocate holding brief of Sri Shams Uz Zaman, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The applicants are seeking quashing of the entire proceedings of Complaint Case No. 1917 of  2014 (Ubais Vs. Rizwan and others), under Sections 452, 323, 504 I.P.C., Police Station Asmauli, District Sambhal pending before the Court of Judicial Magistrate, Sambhal.

Earlier on 19.1.2014, an FIR was lodged by the applicants against the opposite party no.2 and another in respect of throwing of rubbish and waste material by the opposite party no.2 in front of the house applicants. It is also alleged that Asma w/o- Rizwan- applicant no.3 was beaten up with blunt object. It is clear from the medical report. Thereafter the opposite party no.2 has lodged a complaint on 31.1.2014 on similar allegations against the applicants. This appears to be counterblast case.

The matter requires consideration.

Issue notice to opposite party no.2 returnable within four weeks.

Steps for service shall be taken by the applicants within three days.

Opposite party no.2 may file counter affidavit within four weeks.

List thereafter.

Till the next date of listing, the operation of proceedings of Complaint Case No. 1917 of  2014 (Ubais Vs. Rizwan and others), under Sections 452, 323, 504 I.P.C., Police Station Asmauli, District Sambhal pending before the Court of Judicial Magistrate, Sambhal shall remain stayed.

Order Date :- 25.5.2015

Ashish Pd.