Dhara Singh & 3 Others vs State Of U.P. & Another
2017 Latest Caselaw 3245 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 22530 of 2017
 

 
Applicant :- Dhara Singh & 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Dileep Kumar 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 Dhara Singh has filed a complaint against the opp. party no. 2 and others. In that case, the opp. party no. 2 and two others were summoned under sections 406, 452, 323, 504, 506 I.P.C. vide order dated 1.4.2017 and on the same day i.e. 1.4.2017 the opp. party no. 2 has filed this false and frivolous complaint against the applicants only to make pressure upon the applicants. It has further been submitted that the statements of victim has not been recorded under section 200 and 202  Cr.P.C. No offence is made out against the applicants. The summoning order dated  25.5.2017 is not in accordance with law.

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.  290  of 2017, Sunil Kumar  Vs. Dhara Singh and others, under Sections 354-B  I.P.C.  Police Station Mandi Dhanaura, District Amroha.

Order Date :- 16.8.2017

Gss