Citation : 2017 Latest Caselaw 3305 ALL
Judgement Date : 17 August, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- APPLICATION U/S 482 No. - 22578 of 2017 Applicant :- Dhananjay Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gopal Krishna Pandey Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the opp. party no. 2 is wife of the applicant. Prior to this complaint, the opp. party no. 2 has also lodged a first information report on 13.1.2015. In that case charge sheet was submitted against the applicant. Thereafter, the opp. party no. 2 has filed this false and frivolous complaint against the applicant. In fact no offence is made out against the applicant. 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 applicant in complaint case no. 559 of 2015, Padmasana Sharma Vs. Dhananjay Sharma, under section 498-A, 323 I.P.C. police station Ubhaon District Ballia.
Order Date :- 17.8.2017
Gss
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