Alam Khan And 2 Others vs State Of U.P. And Another
2017 Latest Caselaw 4396 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- APPLICATION U/S 482 No. - 26947 of 2017
 

 
Applicant :- Alam Khan And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajendra Babu Gaur
 
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 Talaq has been taken place in between the applicant no. 1 and the opp. party no. 2 on 18.2.2016. In this regard, one notary affidavit was also executed by the opp. party no. 2. The applicants have returned all things belonging to the opp. party no. 2. The opp. party no. 2 is living at her parental house. No offence under section 498-A I.P.C. is made out against the applicants. The summoning order dated 21.12.2016 is not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.

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. 2829 of 2016, Reshma Vs. Alam Khan and others, under sections 498-A, 323, 504 I.P.C. and section 3/4 D.P. Act, police station Jalalabd, district Shahjahanpur, pending in the court of Civil Judge(SD) F.T.C./ Additional Chief Judicial Magistrate, Shahjahanpur.

Order Date :- 14.9.2017

Gss