Court No. - 6 Case :- APPLICATION U/S 482 No. - 11858 of 2010 Petitioner :- Khursheed Alam Khan And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Santosh Kr. Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Notice on behalf of opposite party No. 1 has been accepted by learned AGA
who prays for and is allowed four weeks time for filing counter affidavit.
Issue notice to opposite party No. 2 who may also file counter affidavit within
the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after six weeks.
Submission is that the complaint has been filed by the opposite party No. 2
containing absolutely false and fictitious allegations against the applicants
with the sole malafide intention of harassing them. It has further been
contended that the allegations made in the complaint do not disclose the
ingredients of offence under Section 500 IPC against the applicants.
In view of the above, the applicants have made out a case for grant of interim
protection.
Till the next date of listing, further proceedings in Complaint Case No. 3899
of 2008 (Sayed Nazim Hussain Vs. Khursheed Alam Khan & others) arising
out of proceedings under Section 500 IPC., P.S. Cantt, District Gorakhpur
pending in the Court of Additional Chief Judicial Magistrate, Court No. 17,
Gorakhpur shall remain stayed.
Order Date :- 14.6.2010
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