HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 26 Case :- APPLICATION U/S 482 No. - 19740 of 2015 Applicant :- Manohari Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Garun Pal Singh,Vikas Sharma Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 1415/IX of 2014 (State Vs. Manohari)arising out of Case Crime No. 454 of 2012, under Sections 420, 467, 468, 471, 504 I.P.C. Police Station Chhata, District Mathura.
Learned counsel for the applicant submits that the agreement to sell the land in question which was got registered, itself was cancelled by registered documents. He has further submitted that the matter is wholly a civil dispute between the parties which have been given a colour of criminal prosecution.
The matter requires consideration.
Issue notice to the 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 be filed within two weeks thereafter.
List immediately after expiry of the aforesaid period before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant.
Order Date :- 16.7.2015 AHN