Shyam Sundar Verma And Another vs State Of U.P. & Another
2015 Latest Caselaw 431 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 11749 of 2015
 

 
Applicant :- Shyam Sundar Verma And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Jayant Kumar,Ratan Shankar Dixit
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Jayant Kumar, learned counsel for the applicants and learned A.G.A. for the State-respondents.

This application under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings of Complaint Case No.1437 of 2013, Vijay Kumar Kasera Vs. Shyam Sundar Verma and another, pending in the Court of learned M.M. 7th, Kanpur Nagar, under section 406 I.P.C.,  Police Station- Kakadev,  District- Kanpur Nagar as well as proceedings thereunder. 

Learned counsel for the applicants submits that in the complaint allegations of fraud is made against his real brother with regard to certain alleged fraudulent transaction executed  in 1999-2000 and 1997. The last incident is  of 2006. Complaint itself was filed on 17.9.2013.  Learned counsel for the applicants further submits that arbitration proceeding is also pending in respect of the same dispute.

In this view of the matter, in my opinion, a prima facie case is made out for interference.

Issue notice to the respondent no.2 returnable within four weeks.

The petitioners shall take steps for service upon the respondent no.2 within three days.

List after four weeks.

Till the next date of listing, further proceedings  of Complaint Case No.1437 of 2013, Vijay Kumar Kasera Vs. Shyam Sundar Verma and another, pending in the Court of learned M.M. 7th, Kanpur Nagar, under section 406 I.P.C.,  Police Station- Kakadev,  District- Kanpur Nagaras well as proceedings thereunder shall remain stayed.

Order Date :- 7.5.2015

RU