Atiraj And 6 Others vs State Of U.P. And Another
2019 Latest Caselaw 1550 ALL

Citation : 2019 Latest Caselaw 1550 ALL
Judgement Date : 25 March, 2019

Allahabad High Court

Atiraj And 6 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. - 10571 of 2019
 

 
Applicant :- Atiraj And 6 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Avinash Tiwari,Sanjay Kumar 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 the impugned complaint case has been filed in misuse of process of court as the dispute has been pending before revenue court regarding demarcation of kurra, on the ex-parte proceedings initiated by O.P. No. 2 and he wanted to get forcible physical possession over the land under the garb of order dated 29.5.2015 passed by SDM Faridpur which was stayed by Commissioner by order dated 30.11.2016 as such there was no occasion for the incident on 4.12.2016 as alleged in the complaint and it was only a malicious prosecution to put pressure upon the applicants who are co-sharer of the land in dispute. There is no injury report on record to support the prosecution version. The prosecution story is not probable and believable. Stay order has been passed by the Commissioner in revision filed on behalf of applicants. In counter blast the O.P. No. 2 has filed this false and frivolous complaint against the applicants. No offence is made out against the applicants. The disputed land is recorded in the name of applicants and O.P. No. 2 in the revenue record.

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 Complaint Case No. 4439 of 2016 (Siyaram Vs. Sumer and others) under section 452, 323, 427 IPC, P.S. Faridpur, District Bareilly.

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

Order Date :- 25.3.2019

Masarrat