Allahabad High Court
Mohammad Shakeel & Ors. vs State Of U.P. & Another on 12 August, 2010
Author: S.N.H. Zaidi
Bench: S.N.H. Zaidi
Court No. - 18 Case :- U/S 482/378/407 No. - 3189 of 2010 Petitioner :- Mohammad Shakeel & Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- Rehan Ahmad Siddiqui,Abdul Rafey Siddiqui Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the material on record.
By means of this petition, filed under section 482 Cr.P.C., the petitioners have invoked the inherent powers of this Court with a prayer that the order dated 15.4.2010 passed by Judicial Magistrate/ Additional Civil Judge (Junior Division)-II, Balrampur in Complaint Case No. 706/2009 summoning the petitioners under sections 323, 394, 506 IPC, be quashed.
The submissions of the learned counsel for the petitioners are that the complaint case has been instituted against the petitioners on false allegations with malafide intentions for the purpose of harassment of the petitioners as neither in the complaint nor in the statements of the complainant on his witnesses, recorded under sections 200 and 202 Cr.P.C., date, time and place of the alleged incident has been given. The complainant- opposite party no.2 concealing his relationship with the petitioners has filed the complaint case as petitioner no.3 is his wife and petitioners no.2 and 3 are his parents-in-law. It is also submitted that the complaint case has been filed as a counter blast to the complaint case of petitioner no.3 filed prior to this complaint case against the complainant and his family members under sections 498-A I.P.C. and 3/4 D.P. Act, and in that case complainant and his family members had appeared and obtained bail.
Issue notice to opposite party no.2 returnable at an early date.
Counter affidavit may be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.
List after expiry of the aforesaid period.
Till the next date of listing further proceedings in Complaint Case No. 706 of 2009 Ziauddin vs. Shakeel and others pending in the Court of Judicial Magistrate/ Additional Civil Judge (Junior Division)-II, Balrmpur, shall remain stayed.
Order Date :- 12.8.2010 Muk