Court No. - 53
Case :- APPLICATION U/S 482 No. - 23836 of 2018 Applicant :- Kavita And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Kirit Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and learned AGA for the State.
In the submission of the learned counsel for the applicants in the case diary, there are no materials to indicate that Kavita is the wife of Balkesh Yadav and that Ravindar, applicant no.2 enticed her away. It is pointed out that on a perusal of the case diary there is no statement of the complainant's sisters to the effect that brother of the complainant, Savitri, applicant no.1 was ever married to her brother Balkesh Yadav.
It is submitted that the allegations regarding taking of valuables from the parents of the complainant/opposite party, Balkesh Yadav by the applicants are also not substantiated as there is no statement of the parents of the complainant to the effect that the valuables were taken from them by the applicants, on the pretext as alleged in the FIR that the same were needed for the treatment of the complainant. It is submitted that the entire prosecution story is incredible and the applicants have been implicated on account of that effect that applicant no.2 Ravindar and Balkesh Yadav who are native of the same village that has laid the complainant to harber to same ill will. The impugned prosecution is patently mala fide and without any tangible materials in the case diary.
Issue notice to opposite party no.2 returnable in four weeks. List on the date fixed in the notice.
Learned AGA may file within the same period of time.
Until the next date of listing, further proceedings in Case No. 2983 of 2015 (arising out of Case Crime No. 553 of 2011) State Vs. Kavita and others, under Sections 406, 420 IPC, P.S. Raunapur, District Azamgarh pending before the Additional Chief Judicial Magistrate, Court no.10, District Azamgarh, shall remain stayed.
Order Date :- 26.7.2018 /Krishna