Raj Kumar vs State Of U.P. And Another
2013 Latest Caselaw 3624 ALL

Citation : 2013 Latest Caselaw 3624 ALL
Judgement Date : 3 July, 2013

Allahabad High Court

Raj Kumar vs State Of U.P. And Another on 3 July, 2013

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 20636 of 2013
 
Applicant :- Raj Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- M.P. Tiwari
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri M.P. Tiwari, learned counsel for the applicant and learned AGA for the State.

It is contended by the learned counsel for the applicant that a registered agreement to sale was executed between the opp. party No.2 and one Murari lal and Kunto Devi in which the applicant is said to be a marginal witness of the said agreement along with the other witnesses. He further submits that a suit was also filed by Ashok Kumar which was decreed in favour of opp. party No.2 and thereafter the present complaint was filed by opp. party No.2 against Murari Lal and Smt. Kunto Devi and no complaint has been filed against the applicant nor any application has been made against him but the learned Magistrate in spite of the fact there being no evidence against the applicant, has summoned the applicant for trial for the said offence.

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 No700 2011 (Ashok Kumar Vs. Kunto Devi and others), under Sections 420,467,468,471 and 120-B I.P.C., Police Station Shahganj, District Agra, pending in the Court of Additional Chief Judicial Magistrate-IV, Agra shall remain stayed against the applicants.

The case of the applicant is distinguishable from the case of co-accused Murari lal and Kunto Devi.The proceeding against them shall go on if there is no legal impediment.

Order Date :- 3.7.2013/NS