Court No. - 55
Case :- APPLICATION U/S 482 No. - 39179 of 2018 Applicant :- Palakaolanu Phani Kumar Reddy And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Namit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C.petition has been filed for quashing the entire proceeding of Complaint Case No.3072 of 2016, under section 406 I.P.C., Police station Sihani Gate, District Gautambudh Nagar as well as order dated 9.10.2018 pending in the court of A.C.J.M. III, Ghaziabad.
Learned counsel for the applicants submits that the applicant nos. 1 & 2 are contractors and opposite party no.2 is a Company, who had given some contractual work pertaining to supply of materials to opposite party no.2 and there occurred some dispute between the parties over the transaction of money, hence the opposite party no.2 initiated the present proceedings for malicious prosecution of the applicants.
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.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed.
Order Date :- 30.10.2018 IA