Court No. - 55
Case :- APPLICATION U/S 482 No. - 39346 of 2018 Applicant :- Rajkumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Case No.360 of 2014, under Sections 323, 504, 506 I.P.C., police station Mehrauni, District Lalitpur as well as summoning order dated 4.1.2014 pending in the Court of, A.C.J.M., Mehrauni, Lalitpur.
Learned counsel for the applicants submits that civil litigation is going on between the complainant and other family members of the applicants before the competent civil court, hence the opposite party no.2 filed the present complaint for malicious prosecution of the applicants. He submits that it is a case of counter blast due to pendency of civil dispute before the court concerned.It is also a case of no injury.
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 :- 31.10.2018 IA