Sardar Hardeep Singh And 2 Others vs State Of U.P. And Another
2017 Latest Caselaw 3287 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 22622 of 2017
 

 
Applicant :- Sardar Hardeep Singh And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Santosh Kukmar Tiwari
 
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 initially the opp. party no. 2 has lodged a first information report against the applicants under section  352, 506, 307, 427 I.P.C. on 10.8.2013. In that case the Investigating Officer submitted final report. The opp. party no. 2 filed a protest petition against the final report which was treated as complaint. On the basis of statements of complainant and witnesses recorded under sections 200 and 202  Cr.P.C. the applicants have been summoned to face trial under section 506 I.P.C. In fact no offence is made out against the applicants. The applicants and the opp. party no. 2 are neighbours. False story has been concocted by the opp. party no. 2. 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. 3822 of 2016, Nepal Singh Vs. Hardeep, pending in the court of Additional Civil Judge (SD)/ A.C.J.M. 3rd, Shahjahanpur under Section 506 I.P.C.  Police Station Sadar Bazar, District Shahjahanpur.

Order Date :- 16.8.2017

Gss