Smt. Ekta vs State Of U.P. And Another
2017 Latest Caselaw 3404 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 23349 of 2017
 

 
Applicant :- Smt. Ekta
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shiv Prasad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant be taken on record.

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 the opp. party no. 2 is jethani of the applicant. The applicant has filed a complaint under section 498-A, 323, 504, 506  I.P.C. and 3/4 D.P. Act and a complaint under section 12 of Domestic Violence Act against the opp.party no. 2 and her other family members on 11.9.2015. In counterblast, only to make pressure upon the applicant, the opp. party no. 2 filed this false and frivolous complaint against the applicant.  In fact,  no such incident has taken place. 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. 11 of 2016, Smt. Khushboo Vs. Smt. Akta,  under section 379 I.P.C. police station Samdhar District Jhansi.

Order Date :- 19.8.2017

Gss