Ram Raj Tiwari And Anr. vs State Of U.P. And 2 Others
2015 Latest Caselaw 5359 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 29122 of 2015
 

 
Petitioner :- Ram Raj Tiwari And Anr.
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Indra Mani Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

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

It is submitted by the learned counsel for the petitioners that the impugned F.I.R has been lodged by the respondent no.3 after an inordinate and unexplained delay of six years alleging therein that although the petitioners had mortgaged their property in favour of respondent no.2 under mortgage agreement dated 20.2.2009 as security for repayment of sum of Rs.56,000/- advanced by respondent no.3 to them as loan with the  stipulation that in case the petitioners were unable to repay the aforesaid amount they shall execute a sale deed in his favaour in respect of mortgaged property after receiving the balance amount of actual sale price but the petitioners neither repaid the aforesaid amount to the respondent no.3 nor executed any sale deed in his favour instead they sold the disputed property to a third person.

It is further submitted that on the basis of the aforesaid allegations no cognizable offence against the petitioners is disclosed and dispute  between the parties which is purely of civil nature has been illegally converted into criminal prosecution of the petitioners at the behest of respondent no.3  and dragged before the criminal  court which is bad in law.

The submissions made by learned counsel for the petitioners, prima facie, appear to be correct.  The matter requires consideration.

Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 3, who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter  immediately after eight weeks  before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 8.9.2015 registered as Case Crime no.0461 of 2015, under sections 406, 420, 323, 506  I.P.C., Police Station Phoolpur, District  Allahabad.

Order Date :- 11.12.2015

RU