Court No. - 52
Case :- APPLICATION U/S 482 No. - 8497 of 2018 Applicant :- Ashutosh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.,Anil Kumar Srivastava,Anil Kumar Verma
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that the first information report has been lodged by opposite party no.2 quite belatedly on 3.11.2016 in respect of incident which is said to have taken place on 4.8.2016 at 8.20 P.M. The first information report was lodged on the direction of the State Commission for protection of Schedule Castes and Schedule Tribes. The opposite party no.2 did not even move any application for registration of the first information report under Section 156(3) Cr.P.C. or had approached the higher authority for registration of first information report under Section 154(3). It is next contended that the opposite party no.2 has levelled false allegations on account of political patronage and rivalry.
Sri Anil Kumar Srivastava & Sri Anil Kumar Verma, learned counsels for opposite party no.2 vehemently opposed the prayer made by learned counsel for the applicants.
I have perused the record and considered the submission made by learned counsel for the applicants.
Matter requires scrutiny.
Learned counsel for opposite party no.2 and learned AGA pray for and are allowed six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by the applicants within two weeks thereafter.
List this case on 28.5.2018.
Till the next date of listing, further proceedings of Case Crime No.486 of 2016, under Sections 504, 376D IPC and 3(1)(12) of SC/ST Act, Police Station Chaubeypur, District Varanasi, pending in the Court of Special Judge, SC/ST Act, District Varanasi, shall remain stayed only in respect of applicant.
Order Date :- 29.3.2018Hasnain