Citation : 2017 Latest Caselaw 2947 ALL
Judgement Date : 3 August, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- APPLICATION U/S 482 No. - 21122 of 2017 Applicant :- Vimal Kumar Agrawal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlendra Singh Jadaun,Narendra Singh Chahar Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that at the time of alleged incident the applicant was posted as Tehsildar at Tehsil Khurja. The applicant has gone to recover the amount of R.C. which was sent by the District magistrate, Bulandshahar. The applicant has performed his official duty. No sanction under section 197 Cr.P.C. was obtained before issuing the process. The complaint is not maintainable. False allegation has been made 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 week thereafter.
List thereafter.
Till the next date of listing, no coercive action shall be taken against the applicant in complaint case no. 499 of 2005. Rijwanur Rashid Vs. Vimal Kumar Agrawal, under sections 347, 348, 504 I.P.C. Police Station Chatari District Bulandshahar.
Order Date :- 3.8.2017
Gss
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