Court No. - 42
Case :- APPLICATION U/S 482 No. - 23052 of 2019 Applicant :- Brijesh Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument is that the present proceedings are counter blast and mala fide in nature and as per the case of State of Haryana Vs. Bhajan Lal, 1992 Supp,(1) SCC 335 the case of the applicant is covered by 7th Category of Cases detailed in para 102 thereof.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Further proceedings in Special Case No. 184 of 2018 (Smt. Preeti Vs. Brijesh Kumar and others), arising out of Case Crime No. 38 of 2018, under Sections 452, 394 IPC, Police Station Balrai, District Etawah, pending in the Court of Special Judge (D.A.A. Act)/3rd Additional Sessions Judge, Etawah, shall remain stayed against the applicants till the next date of listing.
Order Date :- 24.6.2019 Manish Tripathi