Umesh And 4 Ors vs State Of U.P. And Anr
2019 Latest Caselaw 149 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 6760 of 2019
 

 
Applicant :- Umesh And 4 Ors
 
Opposite Party :- State Of U.P. And Anr
 
Counsel for Applicant :- Satyendra Narayan Singh,Anurag Shrivastava
 
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.

It is contended by the learned counsel for the applicants that applicant no. 4 Puneet has lodged an FIR on 17.1.2018 under section 147, 323, 324, 352, 504, 506 IPC and Section 3(2)5 SC/ST Act against Madan and Mohan, nephew of O.P. No. 2 and 4 others. In that case charge-sheet was also submitted against the accused persons. In counter blast only to make pressure upon the applicants the O.P. No. 2, uncle of Madan and Mohan has lodged this false and frivolous complaint. In fact, no such incident has taken place. False story has been concocted by O.P. No. 2. The present prosecution has been instituted only for the purpose of harassment.

The matter requires consideration.

Learned AGA has accepted notice on behalf of State/O.P. No. 1.

Issue notice to O.P. No. 2 who may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within one week thereafter.

List thereafter. Till the next date of listing no coercive action shall be taken against the applicants in Complaint Case No. 1232 of 2018 (Chhatrapati Goswami Vs. Umesh and others) under section 452, 323, 324, 504, 506 IPC, P.S. Dhampur, District Bijnor pending in the court of learned C.J.M. Bijnor.

Order Date :- 25.2.2019

Masarrat