Smt. Jallo Devi And 4 Others vs State Of U.P. And Another
2019 Latest Caselaw 1490 ALL

Citation : 2019 Latest Caselaw 1490 ALL
Judgement Date : 25 March, 2019

Allahabad High Court

Smt. Jallo Devi And 4 Others vs State Of U.P. And Another on 25 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 
Case :- APPLICATION U/S 482 No. - 10531 of 2019
 
Applicant :- Smt. Jallo Devi And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Hari Prakash Mishra
 
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. 1 Smt. Jallo Devi is the daughter of Durg Singh. The agricultural land was recorded in the name of mother of applicant no. 1 and after the death of mother of applicant no. 1 namely Smt. Kalawati the name of applicant no. 1 was recorded over the disputed land. Thereafter, the applicant no. 1 has executed sale deed of alleged land in favour of applicant no. 2. The applicant no. 2 Sandesh Kumar has also filed a Civil Suit against O.P. No. 2 and 3 others which was decreed ex-parte against O.P. No. 2 and others on 8.9.2015. The dispute is purely of civil nature. No offence is made out against the applicants. The O.P. No. 2 has not filed any civil suit against the applicants and had not challenged the mutation order of applicant no. 1. Only for the purpose of harassment the O.P. No. 2 has filed this false and frivolous complaint against the applicants.

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 Complaint Case No. 1914 of 2014 (Jeeva Ram Vs. Smt. Jallu Devi and others) under section 420, 467, 468, 471, 120B IPC, P.S. Nayagaon, District Etah pending in the court of C.J.M. Etah.

The matter shall not be treated as tied up or part heard to this bench.

Order Date :- 25.3.2019

Masarrat