Court No. - 64
Case :- APPLICATION U/S 482 No. - 22058 of 2019 Applicant :- Smt Munni Devi And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajitam Srivastav,Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicants is permitted to correct the application during course of the day.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
It is has been contended on behalf of the applicants that the applicants have been falsely implicated in this case. He further submitted that there is no specific material roping in the applicants, who happen to be mother-in-law and father-in-law of opposite party no.2, who have been falsely implicated in this case just because they happen to be parents of husband of opposite party no.2. Therefore, in view of the principle pronounced by Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464, the proceeding drawn against applicants are erroneous and are in sheer misuse of the process of the Court and the same cannot be allowed to go on.
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 case no.2263 of 2015, under Section 12 of Domestic Violence Act, 2005, pending in the curt of Chief Judicial Magistrate, Etah, shall remain stayed.
Order Date :- 31.5.2019 Raj