Smt.Sumaiya vs State Of U.P. And Another
2017 Latest Caselaw 2945 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 21117 of 2017
 

 
Applicant :- Smt.Sumaiya
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Narendra Singh Chahar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is the wife of the opp. party no. 2. There is matrimonial dispute in between the applicant and the opp. party no. 2. The applicant has lodged a first information report under section 498-A, 323,  494, I.P.C. and section 3/4 D.P. Act against the opp. party no. 2 and the application under section 125 Cr.P.C. has also been moved on behalf of applicant against the opp. party no. 2 and a complaint under section 406 I.P.C. is pending in between the applicant and the opp. party no. 2. In fact no incident has taken place. No offence is made out against the applicant. The present prosecution has been instituted only for the purpose of harassment.

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 applicant in complaint case no. 10208 of 2016, Mohd. Bakir Vs. Sumaiya, under section 406 I.P.C. police station Kotwali District Bareilly.

Order Date :- 3.8.2017

Gss