Aslam and Another Vs State of U.P. and Another

Court No. - 55

Case :- APPLICATION U/S 482 No. - 35874 of 2018

Applicant :- Aslam And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Majahar Ali, learned counsel for applicants and Sri Abhinav Prasad, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed for quashing proceedings of complaint Case No. 287 of 2017 (Seema Begum Vs. Isha and others), under section 323, 504, 506, 498A I.P.C. and 3/4 DP Act, Police Station Aurai, District Sant Ravidas Nagar (Bhadohi), pending in the court of Additional Chief Judicial Magistrate, Bhadohi, Gyanpur, District Sant Ravidas Nagar (Bhadohi) as well as summoning order dated 20.07.2018.

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It is contended by learned counsel for the applicants that the applicant nos. 1 and 2 are the father-in-law and mother-in-law of the opposite party no. 2 have been falsely implicated in the present case by the opposite party no.2 on the general allegations, which is against the well settled principles of law as laid down by Hon'ble Apex Court reported in 2012 (10) SCC 741 in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh .

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Issue notice to the opposite party no. 2 returnable within a period of four weeks. Steps be taken within a week.

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Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party no. 2 may also file counter affidavit within the same period. As prayed by learned counsel for applicants, two weeks' thereafter, is granted for filing rejoinder affidavit.

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List immediately after expiry of the aforesaid period.

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

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Order Date :- 15.11.2018

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Aslam and Another v. State of U.P. and Another

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Aslam and Another v. State of U.P. and Another

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