Court No. - 49 Case :- APPLICATION U/S 482 No. - 25059 of 2010 Petitioner :- Udaiveer And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Dharmendra Singhal Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned A. G. A.
Learned counsel for the applicants has contended that in the complaint it is
alleged that the incident in which several persons, who were not even the
residents of district-Kasganj and who were posted at districts-Pilibhit,
Shahjahanpur and Kasganj, were made accused. The opposite party no. 2
filed a Civil Suit being Original Suit No. 141 of 2009 in respect of the same
property in respect of which, the incident dated 20.7.2009 is alleged to have
taken place and which was the subject matter of the impugned complaint. In
para 12 of the plaint some incident alleged to have taken place on 28.7.2009
has been narrated in which, the applicants had threatened the opposite party
no. 2 to dispossess from the land in dispute and there is no mention of the
incident dated 20.7.2009, which apparently shows that no incident as alleged
in the complaint, taken place on 20.7.2009 and the applicants had been falsely
implicated in the present case.
Considering the submissions made by the applicants in the affidavit
accompanying this application and the facts stated by learned counsel for the
applicants as well as the material brought on record, this court is of the view
that the matter requires consideration upon receiving response from the
opposite parties.
Notice on behalf of the opposite party no. 1 has been accepted by learned
A.G.A. He prays for and is allowed four weeks’ time for filing counter
affidavit.
Issue notice to the respondent No. 2 who may also file counter affidavit
within the same period. Rejoinder affidavit if any may be filed within two
weeks thereafter.
List on 21.9.2010.
Till the next date of listing, further proceedings of S. S. T. No. 108 of 2009
arising out of Complaint Case No. 368 of 2009; Smt. Sudama Devi Versus
Udaivir and others,under Section- 394 I. P. C., P. S.- Dataganj, District-
Badaun, pending in the Court of Special Judge, Dacoity Affected Area,
Badaun, shall remain stayed.
Order Date :- 4.8.2010
HR