Narendra Singh And 3 Others vs State Of U.P. And Another
2013 Latest Caselaw 3472 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 20466 of 2013
 

 
Applicant :- Narendra Singh And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Amit Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Sri Rajesh Kumar Srivastava, Advocate, has filed his power on behalf of opp. party No.2, which is taken on record.

Heard Sri  Amit Srivastava, learned counsel for the applicants, learned AGA for the State and Sri Rajesh Kumar Srivastava, learned counsel for opp. party No.2.

It is contended by the learned counsel for the applicants that the dispute  between the parties is already subjudice before the competent Civil Court. He further submits that earlier also opp. party No.2 has filed a criminal case against the applicant which was registered as case crime No.647 of 2008 in which a charge sheet was submitted against the applicants and they had challenged the proceedings of the said case No.36 of 2009 which is pending in the Court of A.C.J.M., Agra in Criminal Misc. 482 Cr.P.C. Application No.14149 of 2009 in which an interim order has been passed by this Court on 26.6.2009, a copy of  which has been annexed as Annexure-11 to the accompanying affidavit. He further submits that  this is the another case which has been lodged against the applicants for malicious prosecution by opp. party No.2.

Learned counsel for opp. party No.2 has vehemently opposed the prayer for quashing but could not dispute the fact that civil  dispute is pending before the competent Civil Court. 

Connect with Criminal Misc. 482 Cr.P.C. Application No.14149 of 2009.

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

Learned counsel for Opp. party No.2  prays for and is granted four weeks' time to file counter affidavit. Learned A.G.A., if so desire, 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 along with the connected mattere.

Till the next date of listing, further proceedings of Criminal Misc. Case 51 of 2011 (S.S.T. No.152 of 2013) (Satya Prakash Vs. Rohit and others), under Section 394,323 I.P.C., Police Station Hariparwat,District Agra, pending in the Court of Special Judge (D.A.A.), Agra  shall remain stayed against the applicants.

Order Date :- 2.7.2013/NS