Court No. - 64
Case :- APPLICATION U/S 482 No. - 17433 of 2019 Applicant :- Ganesh And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution, which is counter blast action, has been instituted against the applicants with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
The submission made by learned counsel for the applicants prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.
Learned AGA has accepted notice on behalf of opposite party no.1. He prays for and is granted four weeks' time to file counter affidavit.
Issue notice to opposite party no.2 who may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this case after expiry of the aforesaid period.
Till the next date of listing, further proceedings of Complaint Case No.35 of 2018, Smt. Manju Devi vs. Ganesh and others, under Sections 376, 452, 504, 506 IPC and 3/4 POCSO Act against applicant no.1 and under Sections 452, 504, 506 IPC against applicant nos.2 to 4 P.S. Chatari, District Bulandshahr, pending in the court of Additional District and Session Judge VIII/Special Judge (POCSO Act), Bulandshar shall remain stayed.
Order Date :- 30.4.2019 Raj