Anand Prakash Singh And 4 Others vs State Of U.P. And Another
2017 Latest Caselaw 3417 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 23310 of 2017
 

 
Applicant :- Anand Prakash Singh And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Om Singh Rathaur,Subhash Gosain
 
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 the husband of the opp. party no. 2 has executed a will deed in favour of the applicant nos. 1 and 2 on 10.5.2002. After the death of husband of the opp. party no. 2, the name of the opp. party no. 2 entered into the revenue record in place of her husband. Thereafter, the opp. party no. 2 had executed a sale deed in favour of her daughter namely Archana Singh. The applicant nos. 1 and 2 have filed a civil suit no. 188 of 2014 for cancellation of the alleged sale deed on 10.4.2014. Thereafter, the opp. party no. 2 has filed this false and frivolous complaint against the applicants. In fact, 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. 2744 of 2016, Janki Devi Vs. Anand Prakash Singh and others, under section 420 I.P.C. police station Kotwali District Ballia.

Order Date :- 19.8.2017

Gss