Dharmendra Singh And Another vs State Of U.P. And Another
2019 Latest Caselaw 1680 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 10589 of 2019
 

 
Applicant :- Dharmendra Singh And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Garun Pal Singh
 
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.

The contention of learned counsel for the applicants is that the applicants are innocent and they are old persons aged about 69 and 66 years respectively. The applicants are mother-in-law and father-in-law of O.P. No. 2. In fact, the O.P. No. 2 has ousted the daughter of applicants who is living with the applicants since 6.1.2016. Only to make pressure upon the applicants the O.P. No. 2 has filed this false and frivolous complaint against the applicants. In fact, no such incident has taken place. 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 Complaint Case No. 1590 of 2017 (Kulbhushan Vs. Dharmendra Singh and another) under section 406 IPC, P.S. Refinery, District Mathura pending before the learned A.C.J.M. Court No. 3, Mathura.

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

Order Date :- 26.3.2019

Masarrat