Moti And Others vs State Of U.P. And Another
2012 Latest Caselaw 2552 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- APPLICATION U/S 482 No. - 21201 of 2012
 

 
Petitioner :- Moti And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Rajesh Sharma,Manoj Srivastaava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Manoj Srivastava, learned counsel for the applicants and learned A.G.A. for the State.

By means of this application, the applicant has invoked the inherent jurisdiction of this Court with a prayer for quashing and staying the further proceedings of the order dated 31.5..2010 and cognizance taking order dated 4.7.2011  passed by learned Additional Chief Judicial Magistrate (Court No. 7), Aligarh in Case  No. 1451 of 2011, State Vs. Moti and  others, for the offence under Sections 420, 406, 467, 468, 471, 323, 504, 506 I.P.C., P.S. Harduaaganj, District Aligarh arising out of  Case Crime No. 436 of 2009.

It is contended by the learned counsel for the applicant that there was a dispute between Opposite Party No. 2 and one Narayani Devi in whose favour the alleged sale-deed is said to have been executed. Both the parties have compromised the matter before the Civil Court which is evident from order dated 5.3.2011 in Civil Suit No. 17 of 2009, Smt. Rajwati Versus Smt. Narayani Devi and others, at page 52 of the Paper Book. The allegation against the applicants is that they assisted the co-accused, Narayani Devi in the execution of alleged sale-deed. It is further submitted that charge-sheet has not been submitted against the Narayani Devi by the Investigating Officer and the charge-sheet against the applicants has been submitted only on the general and vague allegations.

Issue notice to opposite party no. 2 returnable within four weeks at the address given in the petition. If the requisite for issuing the notice under registered postal cover with acknowledgment due are not filed within 10 days this petition shall stand dismissed with further reference to any Bench of this Court.

O.P. No. 2 may file counter affidavit within four weeks. Learned A.G.A may also file counter affidavit within the same period. Rejoinder affidavit thereafter be filed within two weeks thereafter.

List immediately after the expiry of the aforesaid period.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid Case Crime No. 436 of 2009.

Order Date :- 29.6.2012

Arun K. Singh