High Court of Judicature at Allahabad
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Hari Shankar & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 15224 of 2006  RD-AH 20752 (8 December 2006)
Hon'ble (Mrs.) Saroj Bala, J.
Heard Sri Sunil Kumar, learned counsel for the applicants, learned AGA and have perused the materials on record.
The learned counsel for the applicants submitted that no supply of water was made through canal in the week commencing 6.1.2006,13.1.2006,20.1.200 and 27.1.2006, therefore, there was no question of changing the flow of water. The learned counsel argued that the applicants have been falsely implicated at the behest of Brij Mohan Saraswat, Inspector General of Police, real brother of respondent no. 2 on account of litigation in relation of other plots of land.
The learned AGA submitted that allegations made in the first information report taken on their face value make out offence under sections 427, 504, 506 I.P.C.
Issue notice to the respondent no. 2 for filing counter affidavit within four weeks. The learned AGA may also file counter affidavit within the said period. Rejoinder affidavit may be filed within two weeks thereafter.
List after the expiry of the aforesaid period.
Further proceedings of criminal Case No. 554 of 2006 (arising out of NCR No. 4 of 2006)-State Versus Hari Singh and three others, under sections 427, 504, 506 I.P.C., Police station Surir, district Mathura, pending before the court of Additional Chief Judicial Magistrate First, Mathura, shall remain stayed till the next date of listing.
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