Rajendra Prasad Dixit & 5 Others vs State Of U.P. & Another
2017 Latest Caselaw 2862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 20071 of 2017
 

 
Applicant :- Rajendra Prasad Dixit & 5 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Amit Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned  A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that the applicant no. 1 lodged a first information report against Raghav Shukla and Shyam Shukla @ Paurush Shukla who are sons of the opp. party no. 2 on 30.5.2011 under sections 147, 148, 149, 302/34 I.P.C. In that case charge sheet was submitted against the son of the opp. party no. 2. During trial Raghav Shukla, the son of the opp. party no. 2,  died and her another son Shyam Shukla @ Paurush Shukla was convicted and sentenced for life imprisonment on 6.10.2015. Only to make pressure upon the applicants, the opp. party no. 2 has filed this false and frivolous complaint against the applicants. The applicants have not committed the alleged offence. No offence is made out against the applicants.

Learned  A.G.A. has accepted notice on behalf of State.

Issue notice to the opp. party no. 2. who may file counter affidavit within a period of three weeks. Rejoinder affidavit may be filed within a week thereafter.

List thereafter.

Till the next date of listing, no coercive action shall be taken against the applicants in S.S.T.No. 143 of 2011, Smt. Saroj Kumari Shukla Vs. Rajendra Prasad Dixit and others,  under Sections 395, 397, 427 I.P.C. Police Station Mangalpur District Rambai Nagar ( Kanpur Dehat), pending in the court of Special Judge, (D.A.A. Act) (Kanpur Dehat).

Order Date :- 1.8.2017

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