Bharat Singh And Others vs State Of U.P. And Another
2011 Latest Caselaw 5510 ALL

Citation : 2011 Latest Caselaw 5510 ALL
Judgement Date : 2 November, 2011

Allahabad High Court

Bharat Singh And Others vs State Of U.P. And Another on 2 November, 2011

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 33553 of 2011
 

 
Petitioner :- Bharat Singh And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Ram Babu Sharma
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Criminal Case No. 707 of 2009 (State Vs. Bharat Singh and others), arising out of Case Crime No. C-12 of 2006, under Sections 420, 467, 468 I.P.C., Police Station Dibai, District Saharanpur, pending before learned Additional Chief Judicial Magistrate, Anoopshahar, District Bulandshahar.

It is contended by learned counsel for the applicants that the matter is purely of civil nature relating to the sale deed which was executed by the applicants, for which the opposite party no.2 had filed civil suit no. 104 of 2006 before learned Civil Judge (Senior Division)/Judge Small Causes Court, District Bulandshahr which suit was dismissed vide Judgement and Order dated 12.01.2010 against which the opposite party no.2 also filed an appeal which was also dismissed by the appellate Court vide Judgement and Order dated 24.09.2011. It is thus, contended that the matter is purely of civil nature which has been dragged into criminal prosecution of the applicants at the behest of the opposite party no.2.

Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants, two weeks, thereafter, is granted for filing rejoinder affidavit.

List immediately after expiry of the aforesaid period.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 2.11.2011

S.Ali