Court No. - 54 Case :- APPLICATION U/S 482 No. - 33940 of 2009 Petitioner :- Jagannath And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Shyam Sunder Mishra 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 the applicants
had filed a first information report against opposite party no.2 on 10.11.2006,
copy of which has been field as annexure-4 to the affidavit, in which after
investigation, charge sheet was submitted. It is also contended that the present
criminal prosecution of the applicants, at the behest of opposite party no. 2, is
nothing but is a counter blast, which, cannot be sustained in the eye of law.
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 complaint case no. 659 of 2008 under Section 147, 323, 452,
506, 427, 394 IPC pending before Chief Judicial Magistrate, court no.10,
Fatehpur.
Order Date :- 7.1.2010
Ashish