Court No. - 64
Case :- APPLICATION U/S 482 No. - 17360 of 2019 Applicant :- Smt. Laxmi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemant Sharma 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 has been instituted 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, operation of the impugned order dated 16.08.2013 passed by Additional Civil Judge (J.D.)/ Magistrate, Hamirpur in Case no.19 of 2013, under Sections 491, 312, 504, 506, 498A IPC and 3/4 D.P. Act, P. S. Kotwali Hamipur, District Hamipur shall remain stayed against applicants only.
Order Date :- 30.4.2019 Raj