Court No. - 80
Case :- APPLICATION U/S 482 No. - 19619 of 2020 Applicant :- Tasavvar Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sufia Saba,Sayeed Saif Ullah Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants.
It has been argued by learned counsel for the applicants that earlier respondent no. 2 has filed a complaint under Section 498A IPC and Section 3/4 of D.P. Act and that this Court has granted an interim relief in that matter and case was referred for mediation and after that the impugned complaint has been filed by respondent no. 2 making false and baseless allegations. It has been submitted that no prima facie case is made out against the applicants. It was further submitted that applicant nos. 2 and 3 are Jeth and Jethani of respondent no. 2 and that applicant nos. 5 and 6 are dewars of respondent no. 2 and they have nothing to do with the alleged incident.
So far as applicant nos. 1 and 4, who are husband and mother-in-law of respondent no. 2, are concerned, prima facie case is made out against them and the instant application on behalf of applicant nos. 1 and 4 is rejected. However, in case they appear before the court below within 45 days from today and file an appropriate application for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.
So far applicant nos. 2, 3, 5 and 6 are concerned, the matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
Issue notice to opposite party no. 2, returnable at an early date. Steps be taken within a week.
Counter affidavit to be filed within three weeks by opposite parties and rejoinder affidavit, if any, to be filed within two weeks thereafter.
List thereafter on 05.03.2021 as unlisted.
Till the next date of listing, no coercive action shall be taken against applicant nos. 2, 3, 5 and 6, namely, Sanavvar Ali, Aiyash, Mudassair and Bilal in Complaint Case No. 2549/2018, under Sections 406, 506 IPC, police station Deoband, district Saharanpur pending in the court of A.C.J.M., Deoband.
Order Date :- 5.1.2021 Anand