Application under Section 482 Cr.P.C. seeking stay of summons; notices issued; proceedings and summoning stay granted.
Notice issued to respondent no. 2; proceedings in Complaint Case No. 1350 of 2023 and summoning order dated 30.10.2023 stayed.
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Court No. - 15 Case :- APPLICATION U/S 482 No. - 3335 of 2024 Applicant :- Ramesh Chandra And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Kamal Kishor Tiwari,Ankit Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
Learned counsel for the petitioners submits that the impugned summoning order has been passed on a frivolous complaint filed by the son-in-law of petitioner no. 1 who has implicated the entire family of the petitioner including the minor children by making sweeping allegations.
It has been further submitted that the property in question in the complaint is the property purchased by petitioner no. 1 in favour of his daughter and son-in-law which is evident from the perusal of the application under Section 125 Cr.P.C. filed by the daughter of petitioner no. 1. The complaint is nothing but a counter blast to the application filed by the daughter of petitioner no. 1 under Section 12 of D.V. Act and Section 125 Cr.P.C., copy of which are on record as annexure No. 5 and 6 to the petition. It is a sheer abuse of process of law.
The matter requires consideration.
Let notices be issued to respondent no. 2.
Four weeks' time is allowed to learned counsel for the respondents to file counter affidavit, two weeks' thereafter for rejoinder affidavit.
List on 16.5.2024.
Till further orders, the proceedings of Complaint Case No. 1350
of 2023, "Jai Shankar Versus Ramesh Chandra and others", Under sections-323, 504, 506 & 452 I.P.C. Police StationBarasagbar, District-Unnao, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Unnao as well as summoning order dated 30.10.2023 are stayed.
Order Date :- 10.4.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
Ramesh Chandra And 4 Others
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Karunesh Singh Pawar
As recorded by the court registry
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