Court No. - 55
Case :- APPLICATION U/S 482 No. - 39213 of 2018 Applicant :- Arun And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Complaint Case No.415 of 2017 (Ved Prakash Vs. Arun Kumar & Others) under Sections 323, 504, 506, 406 I.P.C., police station Kothibhar, District Maharajganj.
Learned counsel for the applicants submits that there is property dispute between the parties in which some money transaction has taken place. It is next contended that the opposite party no.2 moved an application under section 156(3) Cr.P.C. against the applicants which was treated as complaint case, hence the opposite party no.2 filed the present complaint for malicious prosecution of the applicants. He submits that the dispute, if any, is purely civil in nature.The police after investigating the matter submitted final report mentioning therein that no such incident had taken place. Further there is no medical report on the record.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List thereafter.
Till the next date of listing, further proceedings against the applicants of the aforesaid case shall remain stayed.
Order Date :- 30.10.2018 IA