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SMT. KUSUM SHARMA AND OTHERS versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Smt. Kusum Sharma And Others v. State Of U.P. And Another - APPLICATION U/s 482 No. 9478 of 2005 [2005] RD-AH 2496 (7 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicants, learned A.G.A. And perused the record.

Learned counsel for the applicants has contended that opposite party no. 2 Smt. Sangeeta Tripathi w/o Sanjay Sharma has filed a false    complaint against the present applicants. He has further contended that  Sanjay was disowned by his father and news to this effect was also published in Amar Ujala, Meerut dated 21.8.2002. He has further contended that as per F.I.R. it is alleged that husband of Sangeeta fired at her with intention to kill her but she narrowly escaped, although the presence of Smt. Kushum sharma and Santosh Sharma has been mentioned at the time of alleged incident but no      other role accept giving of abuse has been assigned to them.

Learned counsel for the applicants has contended that during investigation arrest was stayed now charge sheet was filed. He further contended that there is no legal evidence against the present applicants and they have unnecessarily implicated in this case in order to  harass them in their old age.

Issue notice to opposite party no. 2 to file counter affidavit, if any, within four weeks. Rejoinder Affidavit be filed within two weeks thereafter.

List for further hearing on 7.11.2005. Till then further proceedings in Case No. 1004 of 2004 under Sections 498A, 307, 452, 504, 506, IPC, and Section ¾ D.P. Act, P.S. Shahganj,  District Agra shall remain stayed as against the present applicants only.

Dated:7.9.2005

RKS/9478/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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