Udai Narayan Rai & 3 Others vs State Of U.P. & Another
2017 Latest Caselaw 3133 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 21557 of 2017
 

 
Applicant :- Udai Narayan Rai & 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Awadh Narain Rai
 
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 opp. party no. 2 and one Jokhan Singh  have filed a civil suit no. 996 of 2012 for permanent injunction with regard to a disputed property. Thereafter, the opp. party no. 2 has filed a complaint against the applicants on 7.2.2014. During pendency of the complaint of opp. party no. 2,  Jokhan Singh has also filed a complaint against the applicants under section 427 and 504 I.P.C. In that case proceeding of aforementioned case has been stayed by this court in cr. misc. application u/s 482 Cr.P.C. No. 3798 of 2016 vide order dated 10.2.2016. In fact, there is civil dispute in between the parties. False story has been concocted by the opp. party no. 2.

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  complaint case no. 251 of 2016, Panch Singh Yadav Vs. Udai Narayan and others,  under section 427,  504, 506  I.P.C. Police Station Zamaniya District Ghazipur.

Order Date :- 9.8.2017

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