HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 26 Case :- APPLICATION U/S 482 No. - 19367 of 2015 Applicant :- Hari Shankar And 3 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of Case No. 1149 of 2014, arising out of Case Crime No. 105/13 under Section 420 I.P.C. P.S. Shivali, Distict Kanpur Dehat pending in the court of A.C.J.M. Kanpur Dehat.
Learned counsel for the applicants has contended that in respect of wholly a civil dispute, the complainant with mala fide motives has given the colour of criminal prosecution. He has referred two civil suits filed by the applicants pending before the court below and submitted that the criminal proceedings are liable to be quashed.
Matter requires consideration.
Issue notice to opposite party no.2 returnable within six weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within six weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the Case No. 1149 of 2014, arising out of Case Crime No. 105/13 under Section 420 I.P.C. P.S. Shivali, Distict Kanpur Dehat pending in the court of A.C.J.M. Kanpur Dehat shall remain stayed against applicants.
This matter shall not be treated as tied up or part heard to this Bench.
Order Date :- 14.7.2015 AHN