Heard learned counsel for the applicants and learned A.G.A. appearing for the State respondent.
By means of this application, the applicants have invoked the inherent jurisdiction of this Court with the prayer to quash the charge sheet and the proceedings of criminal case no. 2111 of 2010 (State Vs. Manoj Sharma and others), under sections 147, 323, 504, 506 IPC and section 3(1) 10 SC/ST Act, pending before the Additional Chief Metropolitan Magistrate-VII, Kanpur Nagar.
It is contended on behalf of the applicant that primarily the dispute is between the landlord and the tenant. Proceedings for eviction are going on. The complainant is the son of a police officer and is tenant in the disputed house of co-accused Manoj Sharma, who is the landlord. It is contended that just to exercise undue pressure on the applicants, the present F.I.R. with false facts has been lodged.
Issue notice to opposite party no. 2 returnable within four weeks. Steps be taken within a week. Counter affidavit by learned A.G.A. and opp. party No.2 within four weeks. Rejoinder affidavit within two weeks thereafter.
List immediately after expiry of aforesaid period before appropriate Court.
Till the next date of listing, no coercive process shall be issued against the applicants pursuant to the aforesaid case.
Order Date :- 2.2.2011 NS