Allahabad High Court High Court

Shaukat Ali, & Others vs State Of U.P., & Another on 2 April, 2010

Allahabad High Court
Shaukat Ali, & Others vs State Of U.P., & Another on 2 April, 2010
Court No. - 18

Case :- U/S 482/378/407 No. - 1354 of 2010

Petitioner :- Shaukat Ali, & Others
Respondent :- State Of U.P., & Another
Petitioner Counsel :- Ravindra Kr. Chaudhary,Sharad Kr. Verma
Respondent Counsel :- G.A.

Hon'ble S.N.H. Zaidi,J.

Vakalatnama filed on behalf of opposite party no.2 by Sri R.K.Nayak is taken
on record.

Heard learned counsel for the applicants, learned A.G.A. for the State and
Shri Nayak for the opposite party no.2.

This is an application under section 482 Cr.P.C. challenging the summoning
order dated 8.3.10 passed by the Chief Judicial Magistrate, Ambedkar Nagar
in Complaint Case No.660 of 2010, whereby all the 12 applicants including 5
ladies have been summoned for trial under sections 323, 392,452,504,506,427
I.P.C.

The contention of the learned counsel for the applicants is that the concerned
complaint case has been filed with false allegations only to harass the
applicants as parties were litigating before the Civil Court from before the
alleged incident.

Opposite party no.2 may filed counter-affidavit within a period of four
weeks. Rejoinder-affidavit, if any, may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, further proceedings in the Complaint Case No.660
of 2010, Rafiq Ahmad vs. Shaukat Ali and other, pending in the Court of
Chief Judicial Magistrate, Ambedkar Nagar, shall remain stayed.

Order Date :- 2.4.2010
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