The Allahabad High Court has prohibited any coercive proceedings against the accused/applicants of house trespass.
A Single Bench of Justice Vivek Varma passed this order while hearing an application under section 482 filed by Deshraj and 2 Others.
The 482 Cr.P.C application has been filed to quash the entire proceedings arising out of Case under Sections 452, 323, 504, 506 I.P.C, P.S Tappal, District Aligarh as well as charge-sheet dated 16.4.2022 and cognizance order dated 30.9.2022 (State vs Deshraj Singh), pending before the Court of Additional Chief Judicial Magistrate-II, Aligarh.
It is submitted that earlier the applicant no 1(Deshra) lodged a first information report against the opposite party no 2 on 27.12.2021 registered as Case under Sections 147, 323, 504, 506 I.P.C, P.S Tappal, District Aligarh.
In counter blast to the said proceedings, the instant prosecution has been instituted for the purposes of harassment. In the alleged incident no person has received any injury.
The Court observed that the matter requires consideration.
The Court granted six weeks’ time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit.
The Court has fixed the next hearing of the petition on August 16, 2023.
“Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case”, the Court ordered.