Citation : 2017 Latest Caselaw 2812 ALL
Judgement Date : 31 July, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- APPLICATION U/S 482 No. - 20022 of 2017 Applicant :- Bahawar Signh & 8 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Learned counsel for the applicants is permitted to implead Brij Pal Singh as the opp. party no. 3 in the array of the parties.
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 applicant No. 5 Prem Pal lodged a first information report on 16.3.2012 against Brij Pal Singh under section 406, 504, 506 I.P.C. In that case, the Investigating Officer submitted chargesheet. Thereafter, Brij Pal Singh has lodged a first information report at case crime no. 201-A/12 under section 419, 420, 467, 468, 464, 471 I.P.C. against Prem Pal. In that case final report was submitted by the Investigating Officer. Thereafter the opp. party no. 2 Veer Singh has lodged a first information report in the same matter on 14.5.2012. In that case, the Investigating Officer submitted final report. Thereafter, Brij Pal Singh has moved a protest petition against final report submitted in case crime no. 347 of 2012 under section 420, 406, 120-B I.P.C. It has further been submitted that Brij Pal Singh was not informant in that case and his protest petition was not legally maintainable and the summoning order dated 16.4.2016 is not in accordance with law.
Learned A.G.A. has accepted notice on behalf of State.
Issue notice to the opp. party nos. 2 and 3 who may file counter affidavit within a period of three weeks. Rejoinder affidavit may be filed within a week thereafter.
List on 14.9.2017.
Till the next date of listing no coercive action shall be taken against the applicants in complaint case no. 84 of 2013 Veer Singh Vs. Bhawar Singh and others under sections 406 I.P.C. pending in the court of Judicial Magistrate, Sardhana District Meerut.
Order Date :- 31.7.2017
Gss
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