Sanjay Singh vs State Of U.P. & Another
2017 Latest Caselaw 3125 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 21695 of 2017
 

 
Applicant :- Sanjay Singh
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Ajay Kumar Singh,Ashish Kumar Singh
 
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 the applicant and his father have filed a original suit no. 719 of 2014 against the uncle and the aunt of the opp. party no. 1. In that case a temporary injunction order was passed on 30.7.2014. The applicant has filed a contempt petition under Order 39 Rule 2(a) of Code of Civil Procedure in the year 2014 against the opp. party no. 2,  his uncle and aunt. In counterblast, the opp. party no. 2 has filed this false and frivolous complaint against the applicant. In fact, no such incident has taken place. The applicant has falsely been implicated in this case.

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 case no. 930 of 2016, Sanjay Yadav Vs. Sanjay Singh and another under section 323/ 34, 504 I.P.C. Police Station Shivpur District Varanasi pending in the court of  Additional Chief Judicial Magistrate, Court No. 6, Varanasi.

Order Date :- 9.8.2017

Gss