Gopal Krishna Gupta & 5 Others vs State Of U.P. & 2 Others
2017 Latest Caselaw 3315 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 22598 of 2017
 

 
Applicant :- Gopal Krishna Gupta & 5 Others
 
Opposite Party :- State Of U.P. & 2 Others
 
Counsel for Applicant :- Kshitij Shailendra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Sunil Kumar Srivastava, Advocate, has filed vakalatnama on behalf of the opp. party no. 2, let it be taken on record.

Heard learned counsel for the applicants, learned counsel for the opp. party no. 2 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 on 2.11.2007. In this case the Investigating Officer has submitted final report. The protest petition was filed by the opp. party no. 2 in the year 2008 and the opp. party no. 2 remained absent for years together. The court below was not justified in keeping the matter pending and not dismissing the same for want of prosecution.  It has further been submitted that in this case summoning order has been passed on 8.4.2016. The present complaint is barred by section 468 Cr.P.C. In fact the applicants have not committed the alleged offence, 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.

Learned counsel for the opp. party nos. 2 prays for and is granted four weeks time to file counter affidavit.  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. 3890 of 2016,Chheda Lal  Vs.  Gopal Krishna Gupta and others, under section 147, 323 I.P.C. police station Sadar Bazar District Shahjahanpur.

Order Date :- 17.8.2017

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