Sanjay Yadav And 3 Others vs State Of U.P. And Another
2018 Latest Caselaw 3325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- APPLICATION U/S 482 No. - 37982 of 2018
 

 
Applicant :- Sanjay Yadav And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mahendra Prakash
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicants and the learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed for quashing charge sheet dated 21.11.2017 arising out of case no. 367 of 2018 (State Vs. Sanjay Yadav and others) in case crime no. 143 of 2017 under sections 323, 504, 506 307 I.P.C. P.S. Kidganj District Allahabad pending in the court of Judicial Magistrate Ist District Allahabad.

Argument is that due to tenancy dispute First Information Report was lodged by the opposite party no.2 against the applicants, who are landlords of the property and subsequently the opposite party no.2 has made an application before the S.S.P. Allahabad stating that First Information Report was lodged under wrong impression and she does not wishes to proceed with the case. However charge sheet has been submitted by the police by that time.The same could not be taken into consideration by the investigating officer.

Matter requires consideration.

Issue notice to the opposite party no.2 returnable within six weeks.

List after service of notice.

Till the next date of listing further proceedings of the aforesaid case shall remain stayed against the applicants.

Order Date :- 25.10.2018

Atul kr. sri.