HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- APPLICATION U/S 482 No. - 11695 of 2015 Applicant :- Brij Kishore Maheshwari Opposite Party :- State Of U.P. & 2 Others Counsel for Applicant :- Bijai Prakash Tiwari Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Complaint Case No. 3671 of 2011 (Babu Lal and others Vs. Braj Kishore Maheshwari and others), under Section 506 I.P.C., Police Station Nawabganj, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate, Court No. 8, Kanpur Nagar.
Learned counsel for the applicant has contended that purely a civil dispute which is already pending inter parties has been given colour of a criminal prosecution only to exert pressure upon the applicants. He has relied upon the judgment rendered by the Hon'ble Apex Court in Mohd. Ibrahim and others Vs. State of Bihar and another; (2009) 8 SCC 751 in support of his contention.
The matter requires consideration.
Issue notice to the respondent no. 2, 2/1, 2/2 and 3 returnable within four weeks.
The opposite parties may file their replies within the aforesaid period.
Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.
In the meanwhile and until further orders of this Court, further proceedings in Complaint Case No. 3671 of 2011 (Babu Lal and others Vs. Braj Kishore Maheshwari and others), under Section 506 I.P.C., Police Station Nawabganj, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate, Court No. 8, Kanpur Nagar shall remain stayed.
This matter shall not be treated as tied up or part heard to this Bench.
Order Date :- 4.5.2015 Arun K. Singh