Court No. - 49 Case :- APPLICATION U/S 482 No. - 34145 of 2009 Petitioner :- Malloo @ Baledeen And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Pramod Kumar Gupta Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State
respondent.
It is contended by the learned counsel for the applicants that as per the police
report, copy of which has been filed as annexure-3 to the affidavit, no such
incident was found to have taken place and the applicants have been falsely
implicated by the opposite party no.2 as he wanted to take the fair price shop
of the applicant in his favour.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the
applicants in case no. 71 of 2008 under Section 323, 504, 506 IPC and Section
3(1)(x) of SC/ST Act pending before Chief Judicial Magistrate, Sant Kabir
Nagar.
Order Date :- 12.1.2010
Ashish