HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- APPLICATION U/S 482 No. - 11693 of 2015 Applicant :- Shiv Kumar And 3 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
Learned counsel for the applicants has contended that the applicants/opposite parties who are cousins, have been litigating with respect to Will set up by either side and the same stands represented as Suit No. 187 of 2003.
Insofar as the present complaint is concerned he submits that the same was instituted in 2005 and on account of failure on the part of the opposite party to comply with the legal process, had come to be dismissed. It was subsequently restored pursuant to the orders passed by the Revisional Court and even thereafter the statement of the witnesses under Section 200 Cr.P.C. were recorded only in 2010 and 2013. He submits that the impugned complaint has been lodged only to exert pressure upon the applicants to compromise the suit proceedings.
The matter requires consideration.
Issue notice to opposite party No. 2 returnable within six weeks.
Learned A.G.A. as well as the noticed respondents/parties shall file their response in on this petition within the aforesaid period.
Post this matter in the third week of July, 2015 before the appropriate Court. The matter shall not be treated as part heard or tied-up to this Bench.
In the meanwhile and till the next date of listing entire proceedings of Complaint Case No. 656 of 2005 (Basant Kumar Vs. Shiv Kumar and others), for the offences under Sections 420, 467, 468 I.P.C., P.S. Ikdil, District Etawah, pending in the Court of Chief Judicial Magistrate Ist Etawah shall remain stayed.
Order Date :- 4.5.2015 Arun K. Singh