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