Isahak And 6 Others vs State Of U.P. And Another
2017 Latest Caselaw 3173 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 21513 of 2017
 

 
Applicant :- Isahak And 6 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sheetala Prasad Pandey
 
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 has filed a civil suit against the applicant nos. 1 and 2 which is pending between the parties. Only to make pressure upon the applicants, the opp. party no. 2 has filed this false and frivolous complaint against the applicants. This is a case of no injury. The prosecution story is not believable and probable. In fact, no offence is made out against the applicants. 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 of listing, no coercive action shall be taken against the applicants in complaint case no. 785 of 2014, Mohd. Rauf Vs. Isahak and others, under section 323, 504, 506 I.P.C. Police Station Munderawa Districkt Basti.

Order Date :- 10.8.2017

Gss