HIGH COURT OF JUDICATURE AT ALLAHABAD ? Court No. - 53 Case :- APPLICATION U/S 482 No. - 30982 of 2015 Applicant :- Pramod Yadav And 2 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Naqvi,J.
Heard learned counsel for applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 6.12.2010 and the cognizance order dated 11.10.2011 as well as further proceedings of Case No. 2421 of 2011, Case Crime No. 1369 of 2010, under Sections 419, 420, 467, 468, 471 and 506 IPC P.S. Khorabar, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate-Ist, Gorakhpur.
It is submitted that opposite party no.2 is a purchaser of land under a registered sale deed dated 4.1.2010 executed by one Deonath Yadav, the main accused in which applicants are the attesting witnesses. It is submitted that a dispute arose with regard to possession in favour of O.P.No.2, when, a settlement dated 22.6.2010 was arrived at pursuant to which payment of Rs.one lakh was further paid to the vendor and the balance amount was to be paid upto 25.9.2010, but meanwhile, O.P.No.2 lodged the above FIR on 2.8.2010. It thus contended that on the materials on record, no offence is made out against the applicants.
Learned A.G.A. has accepted notice on behalf of O.P.No.1.
Issue notice to opposite party no.2. He may file counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of Case No. 2421 of 2011, Case Crime No. 1369 of 2010, under Sections 419, 420, 467, 468, 471 and 506 IPC P.S. Khorabar, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate-Ist, Gorakhpur shall remain stayed.
Order Date :- 14.10.2015 sc