Amarnath And Another vs State Of U.P. And Another
2017 Latest Caselaw 3391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 22784 of 2017
 

 
Applicant :- Amarnath And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Kamal Dev Rai
 
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 there is dispute of land in between the applicants and one Muneer Ahmad. The applicant no. 1 Amarnath filed a civil suit no. 14 of 2011 against Muneer Ahmad. In that case, the order of status quo was passed by the court concerned on 2.2.2012. The disputed land was purchased by the opp. party no. 2 from Muneer Ahmad. In sale deed it has been mentioned that there is no  tree on the alleged land. In fact, there was no tree on the disputed land. False story has been concocted by the opp. party no. 2. 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 date of listing, no coercive action shall be taken against the applicants in complaint case no. 1540 of 2016, Arvind Vs. Amarnath and another, under sections 379, 504, 506 I.P.C. Police Station Bardah, District Azamgarh.

Order Date :- 18.8.2017

Gss