Single judge order noting submission to quash procedural case. Notice sent to opposite party for counter affidavit. Adjourned to higher Bench; proceedings stayed.
Notice to opposite party for counter affidavit; case adjourned; proceedings stayed till next hearing before appropriate Bench.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 5156 of 2024
Applicant :- Lahri And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Chhaya Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Ms. Chhaya Tripathi, learned counsel for the applicants and Sri Ajay Kumar Agnihotri, learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned proceedings of Complaint Case No.3478 of 2022, under Sections 323, 504, 506, 352, 452, 427 I.P.C., Police Station Bhinga, District Kheri as well as summoning order dated 12.04.2024.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in a false, frivolous and vexatious case by the opposite party no.2 after a well orchestrated and concerted design to malign and destabilize the clean and impeccable image of the applicants solely with the objective to harass and humiliate the applicants and their family members with ulterior motive.
She further submits that on 24.02.2022, an F.I.R. was lodged against the opposite party no.2 under Sections 323, 504, 506, 427, 392, 308 I.P.C. and after investigation, the charge sheet was also submitted by the Investigating Officer against the opposite party no.2 whereas rest of the accused who were named in the F.I.R. were exonerated. Thereafter, the learned Magistrate also took cognizance and the trial is still pending.
She further submits that due to pendency of the aforesaid case, the opposite party no.2 got annoyed and with malafide intention, she has lodged this complaint case against the applicants alongwith entire family members. Thus, the present case is lodged only with malafide intention to take revenge.
She further submits that all the allegations levelled in the complaint are false and fabricated as no such incident took place as alleged by the prosecution. It is nothing but an abuse of process of law. Thus, she prays for interim relief.
The matter requires consideration on the fact and law both.
Learned A.G.A. has accepted notice on behalf of the State i.e. opposite party no.1.
Issue notice to the opposite party no.2 through R.P.A.D. returnable at an early date.
Steps in this regard be taken within ten days from today.
Learned A.G.A. as well as opposite party no.2 may file counter affidavit within four weeks. Rejoinder affidavit may also be filed within two weeks thereafter.
Put up this case on 23.10.2024 before appropriate Bench.
Till the next date of listing the proceedings of Complaint Case No.3478 of 2022, under Sections 323, 504, 506, 352, 452, 427 I.P.C., Police Station Bhinga, District Kheri as well as effect and operation of the summoning order dated 12.04.2024 shall remain stayed in respect of the applicants.
Order Date :- 31.5.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Lahri And 3 Others
State Of U.P. Thru. Prin. Secy. Home Lko
Opposite Party No.2
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
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