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Sanjay Alias Sanjay Kumar Mishra … vs State Of Up And Another on 13 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 83

Case :- APPLICATION U/S 482 No. – 28741 of 2019

Applicant :- Sanjay Alias Sanjay Kumar Mishra And 3 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Bal Krishna Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Raj Beer Singh,J.

Heard Sri Bal Krishna Pandey, learned counsel for the applicants and learned A.G.A. for the State.

The present criminal misc. application under Sectionsection 482 Cr. P.C. has been filed by the applicants with a prayer to quash the entire proceeding including summoning order dated 18.01.2019 of Complaint Case No. 2734 of 2018 (Om Prakash Vs. Sanjay and others) under Sectionsections 323, Section506 I.P.C., Police Station Kotwali Dehat, District Bulandshahar, pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Bulandshahar.

It has been argued by the learned counsel for the applicants that the impugned complaint has been filed making false and baseless allegations. It was pointed out that the marriage of daughter of applicant no.1 was solemnized with the son of opposite party no.2 but there was matrimonial dispute and daughter of applicant no.1 has lodged an FIR Case Crime No. 128 of 2016, under Sectionsections 498A, Section323, Section504, Section377, Section354-A, Section506 I.P.C. and Section 3/4 D.P. Act against the opposite party no.2 and others and thereafter, the opposite party no.2 has lodged an FIR against the applicants in which after investigation the police have submitted final report and thereafter, the applicants have been summoned in the complaint case instituted on the protest petition of opposite party no.2.

In view of the above, the matter requires consideration.

Learned A.G.A. has accepted notice on behalf of respondent no. 1.

Issue notice to respondent no. 2 returnable at an early date. Steps be taken within a week.

Learned A.G.A. as well as respondent no. 2 are granted four weeks’ time to file counter affidavit.

List thereafter.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 13.9.2019/T.S.

 

 

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