Umesh And 4 Others vs State Of U.P. And Another
2017 Latest Caselaw 3905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 24209 of 2017
 

 
Applicant :- Umesh And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Chandrika Prasad Shukla,Yogendra Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for applicants, learned  A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that the sister of applicant no. 1 namely, Priti has lodged a first information report against the opp. party no. 2 under sections 376, 506 I.P.C. and 3/4 POCSO Act and sections 3(2) XII SC/ST Act on 7.4.2014. The opp. party no. 2 was apprehended on the spot and was handed over to the police of police station concerned. Only to make pressure upon the applicants for compromise, 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 criminal complaint case no. 6401 of 2016, Shailendra Singh Vs.Umesh and others, under sections 323, 504, 506, 406 I.P.C. police station Kotwali District Mainpuri.

Order Date :- 1.9.2017

Gss