Monday, November 28, 2022

Allahabad HC directs no coercive action against applicants in domestic dispute case

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The Allahabad High Court has directed that no coercive action will be taken against the applicants under the FIR registered in Police Station Saraimamrej, District Allahabad regarding a domestic dispute and issued a notice to the complainant Manoj Kumar Pandey and sought a response from the respondents, including the state government, in six weeks.

A single bench of Justice Rajendra Kumar-IV passed this order while hearing an Application under Section 482 filed by Sheshmani and 4 Others.

Counsel for the applicants submits in following manner :-

(i) Applicants are innocent and have been falsely implicated in the case. They have committed no offence. The entire prosecution story is false and fake.

(ii) The complainant / Manoj Kumar Pandey is a practising advocate. Both the parties belong to the same family. The applicants are residing outside.

(iii) In the civil suit filed by Manoj Kumar Pandey showed the address of the applicants to be of another place and it is not possible for the applicants to go on the spot to commit the offence.

(iv) All the applicants were not present on the spot and they were outside on the date of incident. They have filed a copy of the online ticket showing his presence somewhere else and that place is more than 1000 Km. From the place of incident and they cannot be present on the spot.

(v) The complainant showing his influence of his advocacy and filed a fake and false complaint against the applicants to compromise in the civil suit and he has tried to settle his dispute of civil nature by making it a criminal case.

(vi) It is a case of no injury. Nobody was injured in the incident. No injury report is on file. There is no independent witness in support of his case.

Additional Government Advocate opposed the application.

Looking at the averments made by applicants, facts and circumstances of the case, it would be appropriate to have response from the side of opposite party no 2 (Manoj Kumar Pandey), the Court said.

The Court issued notice to opposite party no 2 to be served through CJM concerned within six weeks to file counter-affidavit.

“Meanwhile, applicants shall not be coercively dealt with in Complaint Case No 1147 of 2021 (Manoj Kumar Pandey vs Sheshmani and others), Police Station Saraimamrej, District Allahabad,” the Court ordered.

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