Charanjeet Singh and Others vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—Heard learned counsel for the applicants and perused the impugned order.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks'' time to file counter affidavit.

Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List after eight weeks before the appropriate Court.

It is contended by learned counsel for the applicants that even if the entire allegations made in the complaint and those in the statements of the complainant and witnesses are taken on their face value and accepted in their entirety, the same do not disclose the ingredients of any offence against the applicants and at the most civil dispute between opposite party no. 2 and non applicant Rajveer from whom she had purchased the property in dispute is revealed from the material on record and the impugned complaint has been filed by the opposite party no. 2 against the applicants containing absolutely false and vexatious allegations with the ulterior intention of harassing them.

Submissions made by learned counsel for the applicants, prima facie, appear to be correct and they have made out a case for grant of interim relief.

In this view of the matter, till the next date of listing no coercive action shall be taken against the applicants in Complaint Case No. 46 of 2011, under Sections 420, 468, 471 I.P.C., P.S. Civil Lines, district Meerut pending before the Additional Chief Judicial Magistrate Vth, Meerut.