HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 16210 of 2015 Applicant :- Pappu Singh @ Babulal Opposite Party :- State Of U.P. & Another Counsel for Applicant :- D.S. Khan Counsel for Opposite Party :- Govt. Advocate Hon'ble Pratyush Kumar,J.
Connect with Application U/S 482 No.16004 of 2015.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant is the marginal witness in the present matter.Co-accused Imtiyaz Shekh has been granted protection vide order dated 16.2016.
The learned counsel for the applicant submits that the co-accused Imtiyaz Shekh is the purchaser under the sale deed dated 31st October, 2014 and according to the allegations the seller Munchana Devi had no right to sell the property. It has been submitted that there is no allegation that any false document within the meaning of Section 464 IPC has been made. It has been submitted that mere execution of a sale deed in excess to one's authority can be an offence of cheating only against the purchaser and since the applicant is the purchaser and there is no First Information Report at the instant of the applicant, the proceeding as against the applicant, who is the purchaser, amounts to abuse of the process of Court.
The matter requires consideration.
Learned AGA has accepted notice on behalf of the State.
Issue notice to the opposite party no.2 returnable within five weeks.
List this application for Orders in the week commencing 27th July, 2015, by which date the opposite parties shall file their respective counter affidavits.
Till the next date of listing, no coercive steps shall be taken against the applicant pursuant to the proceedings of criminal case no.695 of 2015, pending in the Court of Additional Chief Judicial Magistrate-VIII, Varanasi, arising out of case crime no.349 of 2014, under Sections 419, 420, 467, 468 and 471 IPC, police station Phoolpur, district Varanasi.
Order Date :- 5.6.2015 SFH