Banti @ Vijendra Singh vs State Of U.P. & Another
2017 Latest Caselaw 2212 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 20927 of 2017
 

 
Applicant :- Banti @ Vijendra Singh
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- M.P.S. Chauhan
 
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.

The contention of learned counsel for the applicant is that according to allegation of complaint the incident has taken place on 14.9.2010 and the application under section 156(3) Cr.P.C. was filed on 9.4.2014 after more than three and half years while the cognizance could be taken within three years of the incident, therefore, the aforesaid complaint is barred by Section 468 Cr.P.C. No case is made out against the applicant, false allegation has been made against him.

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 and rejoinder affidavit may be filed within a week thereafter.

List on 24.8.2017.

Till the next date of listing no coercive action shall be taken against the applicant in criminal case no. 35 of 2014 under sections 279, 337, 338 I.P.C. Police Station Lodha District Aligarh.

Order Date :- 11.7.2017

Gss