Court No. - 48
Case :- APPLICATION U/S 482 No. - 6502 of 2019 Applicant :- Lokendra Prasad Sharma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Srivastava,Gaurav Singh Chauhan Counsel for Opposite Party :- G.A
Hon'ble Ghandikota Sri Devi,J.
Learned counsel for the applicants is permitted to amend the array of parties.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No.1377 of 2017 (Poonam Sharma vs. Rajesh Sharma and others) under Sections 498-A, 323 I.P.C. and 3/4 DP Act, Police Station- Gandhi Park, District- Aligarh.
It is submitted by learned counsel for the applicants that no offence against the applicants are disclosed and the present prosecution has been instituted with a mala fide intention for the prupose of causing harassment. He pointed out certain documents and statements in support of his contention.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Steps be taken within one week.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter before appropriate Bench.
Until further order of this Court, further proceedings of the aforesaid case shall remain stayed against the applicants.
Order Date :- 22.2.2019 LN Tripathi