Narpat Singh vs State Of U.P. And 4 Others
2017 Latest Caselaw 4245 ALL

Citation : 2017 Latest Caselaw 4245 ALL
Judgement Date : 12 September, 2017

Allahabad High Court

Narpat Singh vs State Of U.P. And 4 Others on 12 September, 2017

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 29982 of 2017
 

 
Applicant :- Narpat Singh
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Bal Mukund Singh,Anand Pratap Singh
 
Counsel for Opposite Party :- G.A.,Amit Kumar Singh,Surya Dev
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant.

The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. Reliance has been placed upon annexure no. 4 to the application. It is further contended that the dispute between the parties have been amicably settled and the parties have compromised the matter on 8.8.2016 and in spite of the aforesaid fact, the Investigating Officer has submitted a chargesheet against the applicant.

Learned A.G.A. has accepted notice on behalf of opposite party nos. 1 to 3.

Sri Amit Kumar Singh and Sri Surya Dev, Advocates have accepted notice on behalf of O.P. nos. 4 and 5 and do not dispute the aforesaid fact.

Counter affidavit to be filed within four weeks by the learned A.G.A. as well as opposite party nos. 4 and 5 and rejoinder affidavit to be filed within three weeks thereafter.

List thereafter.

After hearing learned counsel for the applicant and also in view of the averments made in the affidavit accompanying the application under Section 482 Cr.P.C., prima facie, a case for grant of an interim relief is made out.

Until further orders of this Court, further proceedings as against the applicant only, in case no. 18/2016, case crime no. 226/2016 under Sections 452, 323, 504 IPC & 3(1)X SC/ST Act, police station Devaraniya District Bareilly pending before the concerned courts below shall remain stayed.

Counter affidavit to be filed by the State will clearly elaborate as to how and under what circumstances, the chargesheet has been filed against the applicant when the FIR itself has been quashed by this Court.

Order Date :- 12.9.2017

Anand