Ajay Kumar And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 1552 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 10554 of 2019
 

 
Applicant :- Ajay Kumar And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav
 
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 Ramkali has filed a complaint against O.P. No. 2 and 4 others on 30.7.2016. In that case the O.P. No. 2 and 4 others were summoned under section 147, 452, 323, 504, 506 IPC and Section 3(1)10 SC/ST Act on 18.4.2017. In counter blast the O.P. No. 2 has filed this false and frivolous complaint against the applicants on 19.7.2017. In fact, no such incident has taken place. False story has been concocted by the O.P. No. 2. The present prosecution has been instituted only for the purpose of harassment. No offence is made out 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 No. 126 of 2017 (Suresh Vs. Ajay Kumar and others) under section 395, 452, 506 IPC, P.S. Kannauj, District Kannauj pending in the court of Special Judge (D.A.A.)/Additional Session Judge, Court No. 3, Kannauj.

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

Order Date :- 25.3.2019

Masarrat