Court No. - 1
Case :- APPLICATION U/S 482 No. - 24790 of 2018 Applicant :- Arvesh Kumar Yadav And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pradeep Chauhan, learned counsel for the applicants, Sri Prashant Kumar, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 27.04.2018 passed the Additional Session Judge/Special Judge, (Dacoity Affected Area), Kanpur Dehat in S.S.T. No. 120 of 2016 under section 452, 323, 506 IPC,( Manju vs. Arvesh Kumar Yadav and others), P.S. Rasoolabad, District Kanpur Dehat as well as further proceedings of the case in pursuance thereof, pending before the Court of Additional Sessions Judge/Special Judge, (Dacoity Affected Area), Kanpur Dehat.
It is contended by the learned counsel for the applicant that the opposite party no. 2 is a 'Pattidar' of the applicants. On 22.1.2016 a dispute had occurred with respect to dumping garbage. Due to the said enmity after four months on application under 156 (3) Cr.P.C., this false case has been initiated against the accused-applicants by the opposite party no. 2. It is a no injury case. It falls in the category of malicious prosecution.
Matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week.
Both the opposite parties shall file counter affidavits by the next date fixed.
List this matter on 12.9.2018 before appropriate bench.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforementioned case.
Order Date :- 27.7.2018 AU