Ram Kumar Bind And Another vs State Of Up And Another
2019 Latest Caselaw 806 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 8947 of 2019
 

 
Applicant :- Ram Kumar Bind And Another
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Sunil Kumar Mishra,Sanjeet 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.

Learned counsel for the applicants submits that the applicants are villagers. The applicants are innocent and have falsely been implicated in the present case. In fact, the O.P. No. 2 (informant) entered into the house of applicant no. 1 Ram Kumar Bind and tried to outrage the modesty of wife of applicant no. 1 and also threatened to implicate in a false case. The applicant no. 1 has moved an application on 28.10.2017 to the S.S.P. Allahabad but the FIR of the alleged incident was not lodged of applicant no. 1. The applicant no. 1 has also filed a complaint case on 16.11.2017 which is still pending. Only to make pressure the O.P. No. 2 has lodged this false and frivolous FIR against the applicants. In fact, 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 returnable at an early date. The opposite parties may file counter affidavits within a period of four weeks. Rejoinder affidavit may be filed within one week thereafter.

List thereafter. Till the next date of listing no coercive action shall be taken against the applicants in Case Crime No. 368 of 2017 'State Vs. Ram Kumar and others', under section 186/504 IPC and 3(2) 5K SC/ST Act, P.S. Manda, District Allahabad pending before the court of learned Special Judge/SC/ST, Allahabad.

Order Date :- 7.3.2019

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