Prabhu vs State Of U.P. & Another
2017 Latest Caselaw 3582 ALL

Citation : 2017 Latest Caselaw 3582 ALL
Judgement Date : 24 August, 2017

Allahabad High Court

Prabhu vs State Of U.P. & Another on 24 August, 2017

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 23638 of 2017
 

 
Applicant :- Prabhu
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Dinesh Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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 opp. party no. 2 and two others filed a civil suit no. 141 of 1996 for cancellation of alleged sale deed which was dismissed by the court concerned vide its judgement and order dated 21.1.2012. Thereafter, the opp. party no. 2 filed this false and frivolous complaint against the applicant on 3.4.2012. In fact, this dispute is of civil nature. 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 applicant in complaint case no. 1148 of 2015, Shanti Vs. Prabhu, under section 419, 420, 467, 468 I.P.C. police station Bilariyaganj District Azamgarh.

Order Date :- 24.8.2017

Gss