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Court No. - 13
Case :- APPLICATION U/S 482 No. - 5338 of 2024
Applicant :- Abdul Atique And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Civil Sectt. Lko. And Another Counsel for Applicant :- Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Prabhaat Kumar Tripathi, learned counsel for the applicants and Sri Ashok Kumar Singh, learned A.G.A.-I for the State.
The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 29.01.2024 passed by learned Judicial Magistrate-II, Gonda in Case No.15368 of 2023.
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.
He further submits that the entire allegations as levelled in the complaint are false and fabricated as no such incident took place as alleged by the prosecution. He further submits that whatever the allegations have been levelled are against one Neeraj Bansal and the applicants being friends of the Neeraj Bansal have been falsely implicated only with intention to give gravity to the offence and also to create pressure upon Neeraj Bansal. He further submits that only allegation of maarpeet has been levelled against the present applicants which is also false.
He further submits that infact there is some dispute between the complainant and Neeraj Bansal and there is no role of the applicants in the present case. Thus, he prays for interim relief.
The matter requires consideration on the fact and law both.
Learned A.G.A.-I 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.-I 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 16.10.2024 before appropriate Bench.
Till the next date of listing the proceedings of Case No.15368 of 2023 as well as effect and operation of summoning order dated 29.01.2024 passed by learned Judicial Magistrate-II, Gonda shall remain stayed in respect of the applicants.
Order Date :- 11.6.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
Abdul Atique And Another
Shamim Ahmed
As recorded by the court registry
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