Smt. Sangeeta Jain And Another vs State Of U.P. And Another
2017 Latest Caselaw 4690 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- APPLICATION U/S 482 No. - 27281 of 2017
 

 
Applicant :- Smt. Sangeeta Jain And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.K. Mishra
 
Counsel for Opposite Party :- G.A.,Qazi Vakil Ahmad
 

 
Hon'ble Bachchoo Lal,J.

Sri Kazi Vakil Ahmad, learned counsel submits that he has filed vakalatnama on behalf of the opp. party no. 2 in registry.

Heard learned counsel for the applicants, learned counsel for the opp. party no. 2, learned  A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that it is purely a civil dispute and the opp. party no. 2 had remedy to file a suit for specific performance before the competent civil court and the impugned criminal proceeding is only an abuse of process of law. It has further been submitted that impugned summoning order dated 9.3.2016 is not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.

Learned  A.G.A. has accepted notice on behalf of State.

Learned counsel for the opp. party no. 2 prays for and is granted two weeks time to file counter affidavit. Rejoinder affidavit may be filed within a week thereafter.

List thereafter showing the name of Sri Kazi Vakil Ahmad as  counsel for the opp. party.

Till the next date of listing, no coercive action shall be taken against the applicants in complaint case no. 6435 of 2014, Mukhtar Alam Vs. Smt. Sangeeta Jain and another, u/s 406 I.P.C. police station Kotwali, District Kanpur Nagar.

Order Date :- 20.9.2017

Gss