Amit Kumar Gupta And 4 Others vs State Of U.P. And Another
2019 Latest Caselaw 229 ALL

Citation : 2019 Latest Caselaw 229 ALL
Judgement Date : 26 February, 2019

Allahabad High Court

Amit Kumar Gupta And 4 Others vs State Of U.P. And Another on 26 February, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 6831 of 2019
 

 
Applicant :- Amit Kumar Gupta And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shailendra Kumar Pathak,Rahul Srivastava
 
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 submitted by the learned counsel for the applicants that O.P. No. 2 and applicant no. 1 are wife and husband and the marriage of applicant no. 1 and O.P. No. 2 was solemnized in the year 2017. There was illicit relation in between O.P. No. 2 and one Pintu due to which the O.P. No. 2 used to visit her maternal house on several occasions to meet the alleged boy Pintu. The O.P. No. 2 is living at her parental house on her own sweet will. One FIR was lodged by O.P. No. 2 under section 498A, 377, 323, 504, 506 IPC and Section 3 & 4 D.P. Act on 27.1.2018 in which a forged medical report was obtained by O.P. No. 2 and the proceeding of aforesaid criminal case no. 0027 of 2018 was stayed by this court in an application under section 482 Cr.P.C. No. 44780 of 2018 vide order dated 24.1.2019. Thereafter, on the same facts and allegations the O.P. No. 2 has filed this false and frivolous complaint against the applicants only for the purpose of harassment. In fact, no such incident has taken place. No offence is made out against the applicants. The present prosecution has been instituted only for the purpose of harassment.

The matter requires consideration.

Learned A.G.A. 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 before appropriate bench. Till the next date of listing no coercive action shall be taken against the applicants in Criminal Case No. 613 of 2018 (Smt. Preeti Gupta Vs. Amit Kumar Gupta alias Monu Gupta & others) pending before the C.J.M., Bhadohi at Gyanpur.

Order Date :- 26.2.2019

Masarrat