Court No. - 48
Case :- APPLICATION U/S 482 No. - 28422 of 2019 Applicant :- Sunil And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Rahul Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
It has been argued by the learned counsel for the petitioners that the impugned complaint has been filed by the opposite party no.2 making false and baseless allegations against the petitioners. It was pointed out that petitioner no.1 Sunil earlier has lodged a case on 06.06.2015 against Vikas son of respondent no.2 Savita Sharma vide Case Crime No. 265 of 2015, under sections 363/376 I.P.C. and 3/7 POCSO Act and in that case Vikas, son of respondent no.2 was convicted on 14.03.2018 and he was sentenced to 10 years imprisonment alongwith fine of Rs. 5000/-. It was submitted that due to the conviction and sentence of her son, the respondent no.2 has filed the impugned complaint making false and baseless allegations just to harass the petitioners. In view of the submissions advanced by the learned counsel for the petitioners, the matter requires consideration.
Learned A.G.A. has accepted notice on behalf of the respondent no.1.
Issue notice to respondent no.2 returnable at an early date. Steps be taken within ten days.
The respondent no.2 may file counter affidavit within six weeks.
List this case in the month of September, 2019 Till the next date of listing, no coercive action shall taken against the petitioners.
Order Date :- 30.7.2019 T.S.