Bhukaran & 2 Others vs State Of U.P. & Another
2017 Latest Caselaw 3473 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 23537 of 2017
 

 
Applicant :- Bhukaran & 2 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Preet Pal Singh Rathore
 
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 prior to the alleged complaint the opp. party no. 2 has lodged a first information report at police station Rajpura district Sambhal on 10.8.2015 about the alleged incident and in that case charge sheet was submitted against the applicants and the applicants were granted bail by the court below. Thereafter, the opp. party no. 2 concealing the fact of the first information report again filed this false and frivolous complaint with regard to same incident at district Budaun in which the applicants have been summoned under sections 323, 504, 506, 364  I.P.C. vide order dated 2.3.2016. It has further been submitted that the applicants have not committed the alleged offence, false allegation has been made against them. The summoning order dated 2.3.2017 is not in accordance with law.

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 week. 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. 5404 of 2015, Rajveer Singh Vs. Bhukaran and others, under section 323, 504, 506, 364 I.P.C. Police Station Gunnaur District Budaun.

Order Date :- 22.8.2017

Gss