Gopal Prasad Agrawal And Another vs State Of U.P. And Another
2017 Latest Caselaw 3158 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 21621 of 2017
 

 
Applicant :- Gopal Prasad Agrawal And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ray Sahab Yadav
 
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 has executed a sale deed of a house in favour of husband of the opp. party no. 2. The brother of applicant namely Raj Kumar Agrawal raised objection with regard to the alleged sale deed and Raj Kumar Agrawal also filed a civil suit against the applicant no. 1 and husband of the opp. party no. 2. This is a dispute of civil nature. The applicants have not committed the alleged offence. False allegation has been made against the applicants. In fact, no offence is made out against the applicants. The summoning order dated 29.3.2017 is not in accordance with law. 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 applicants in complaint case no. 370 of 2016, Smt. Kashidevi Vs. Gopal Prasad Agrawal and others, under sections 323/34, 504, 506, 420, 354 I.P.C  and section 3 (1) X SC/ST Act,  P.S. Kotwali District Jhansi.

Order Date :- 10.8.2017

Gss