Mohd. Akram & 5 Others vs State Of U.P. & Another
2017 Latest Caselaw 3653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 23779 of 2017
 

 
Applicant :- Mohd. Akram & 5 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Karan Singh Yadav
 
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 namely, Iqbal has thrown acid upon the applicant no. 1 Akram. In that case, the applicant no. 1 has sustained injury and the  applicant no. 2  Akhtar, the brother of applicant no. 1, had lodged the first information report on 16.9.2010 against the husband of the opp. party no. 2 under sections 326, 504, 506 I.P.C.  In that case chargesheet was submitted and the husband of the opp. party no. 2 has been convicted and sentenced for life imprisonment with fine, vide judgement and order dated 6.9.2014. In counterblast, 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. 59 of 2011, Smt. Suraiya Vs. Mohd.Akram and others, under sections 147, 148, 149, 323, 324, 504, 506, 452 I.P.C. P.S. Premnagar, District Jhansi.

Order Date :- 25.8.2017

Gss