Roop Singh vs State Of U.P. And Another
2013 Latest Caselaw 3429 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 20235 of 2013
 

 
Applicant :- Roop Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Gaurav Kakkar
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Gaurav Kakkar, learned counsel for the applicant and learned AGA for the State.

It is contended by the learned counsel for the applicant that  the dispute between the parties, if any, is purely of civil nature. He further  submits that the sale deed in question was executed by the applicant in favour of opp. party No.2 and thereafter  her name was mutated in the revenue records in place of the applicant. There is a report of police to that effect, a copy of which has been annexed as Annexure-7 to the accompanying affidavit. Hence, the present complaint for malicious prosecution of the applicant by opp. party No.2 after lapse of four years.

Notice on behalf of opp. party No. 1 has been accepted by the learned AGA.

Issue notice to opp. party No.2 returnable within four weeks at the address given in the petition.

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

List immediately after expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, further proceedings of complaint case No.12 of  2013, under Sections 420, 506 I.P.C., Police Station Jevar, District Gautam Budh Nagar, pending in the Court of learned Judicial Magistrate, Jevar, District Gautam Budh Nagar shall remain stayed against the applicant.

Order Date :- 1.7.2013

NS