Allahabad High Court
Bhola Tiwari @ Nitish Tiwari And 4 Others vs State Of U.P. And Another on 3 December, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- APPLICATION U/S 482 No. - 44369 of 2019 Applicant :- Bhola Tiwari @ Nitish Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Rajnish Dubey, learned counsel for the applicants and Sri Irshad Hussain, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding, charge sheet dated 12.1.2019 as well as cognizance order dated 1.8.2019 in case no.1387 of 2019, State Vs. Bhola Tiwari @ Nitish Tiwari and others case crime no.435 of 2018, u/s 323, 354(B), 504, 506 IPC, P.S. Nichlaul, district Maharajganj.
It has been contended by the learned counsel for the applicant that there was quarrel between the children of the two families. The matter was settled between the parties but after six months of the incident, an application u/s 156(3) Cr.P.C was filed for lodging of the FIR which has resulted into charge sheet. Thereafter cognizance has been taken by the learned Magistrate. It is a case of malicious prosecution of the applicant who belong to one and the same family along with two neighbours by opposite party no.2.
Notice on behalf of opp. party No.1 has been accepted by the learned AGA.
Issue notice to opp. party No.2 returnable within four weeks at the address given in the petition.
Opp. party No.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period.
Till the next date of listing, further proceedings of the aforesaid criminal case against the applicants only shall remain stayed.
The assignment, if any, stands discharged.
Order Date :- 3.12.2019 Gaurav