Court No. - 64
Case :- APPLICATION U/S 482 No. - 17053 of 2019 Applicant :- Raj Kumar And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravindra Kumar Mishra 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 non- bailable warrant dated 01.09.2018 passed by ACJM, court no.2 Etawah in Complaint Case No.745 of 2018, under Sections 498A, 323, 504, 506 IPC and Section ¾ D.P. Act, P.S. Bakewar, District Etawah pending in the court of ACJM, court no.2 Etawah shall remain stayed.
Order Date :- 29.4.2019 Raj