Raju And 3 Others vs State Of Up And Another
2018 Latest Caselaw 1742 ALL

Citation : 2018 Latest Caselaw 1742 ALL
Judgement Date : 27 July, 2018

Allahabad High Court

Raju And 3 Others vs State Of Up And Another on 27 July, 2018

Bench: Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- APPLICATION U/S 482 No. - 24795 of 2018
 

 
Applicant :- Raju And 3 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Nipun Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Nipun Singh, learned counsel for the applicants, Sri Irshad Husain, learned Brief Holder appearing for the State and perused the record.

This application under Section 482 Cr.P.C has been moved with a prayer to quash the summoning order dated 17.1.2017 passed by the Additional Chief Judicial Magistrate, Court No.2, Muzaffarnagar as well as the entire proceedings of Complaint Case No.3710/9 of 2016 (Smt. Mamta Sharma vs. Raju and others) pending before the Additional Chief Judicial Magistrate, Court No.2, Muzaffarnagar under section 452, 323, 506 IPC, Police Station Civil Lines, Muzaffarnagar.

It is contended by the learned counsel for the applicants that the opposite party no. 2 had earlier married one Naresh Chand. Therefore, she is step-mother of the applicant nos. 1 and 2. The opposite party no. 2 subsequently married another person namely Rajveer Singh.The opposite party no.2 had filed a civil suit no. 164 of 2016 (Smt. Mamta vs. Raju and another) on 11.8.2016 regarding a house belonging to the applicants which is still pending. The applicant nos. 1 and 2 have also filed a civil suit no. 166 of 2016 (Raju and another vs. Smt. Mamta and others) on 18.7.2016 regarding the same house. Therefore, with a view to creating pressure upon the applicants, this false case has been filed against the applicants by the opposite party no. 2, which is a malicious prosecution.

Matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party no. 1.

Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week.

Both the opposite parties shall file counter affidavits by the next date fixed.

List this matter on 12.9.2018 before appropriate bench.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforementioned case.

Order Date :- 27.7.2018