Indal And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 1316 ALL

Citation : 2016 Latest Caselaw 1316 ALL
Judgement Date : 7 April, 2016

Allahabad High Court

Indal And 3 Others vs State Of U.P. And Another on 7 April, 2016

Bench: Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- APPLICATION U/S 482 No. - 7842 of 2016
 

 
Applicant :- Indal And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Avinash Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and learned AGA for the State.

The instant application has been filed with a prayer to quash the proceeding pursuant to the complaint case no.2157 of 2012 (Smt. Munesh Vs. Mainpal and others), whereby the applicants have been summoned to face trial by the learned A.C.J.M., Court No.3, Muzaffarnagar, under sections 363, 511, 506 I.P.C., Police Station Nai Mandi, District Muzaffarnagar along with one Mainpal.

It is submitted by the learned counsel for the applicants that co-accused Mainpal has already approached this Court by way of filing Criminal Misc. Writ Petition No.5512 of 2014 and this Court has granted interim protection vide order dated 31.3.2014. It is further submitted that opposite party no.2 has lodged frivolous complaint that the applicants have tried to entice away her minor daughter aged about 14 years. The learned Magistrate has proceeded with the case and recorded the statements of the complainant and witnesses under sections 200 and 202 Cr.P.C and passed the order in a pedantic manner summoning the applicants to face trial. The applicants are absolutely innocent and never indulged in any offence as alleged in the complaint filed by the opposite party no.2.

The contention of the learned counsel for the applicants has some force which requires consideration.

Let notice be issued to Opposite Party No.2 returnable at an early date, who may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the aforesaid period. Rejoinder Affidavit, if any, may be filed within one week thereafter.

List thereafter before the appropriate bench.

Till the next date of listing, no coercive action shall be taken against the applicants in complaint case no.2157 of 2012 (Smt. Munesh Vs. Mainpal and others), under sections 363, 511, 506 I.P.C., Police Station Nai Mandi, District Muzaffarnagar pending in the Court of A.C.J.M., Court No.3, Muzaffarnagar.

Order Date :- 7.4.2016