Umesh Chandra Mittal vs State Of U.P. And Another
2015 Latest Caselaw 3258 ALL

Citation : 2015 Latest Caselaw 3258 ALL
Judgement Date : 15 October, 2015

Allahabad High Court

Umesh Chandra Mittal vs State Of U.P. And Another on 15 October, 2015

Bench: Pankaj Naqvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 31185 of 2015
 

 
Applicant :- Umesh Chandra Mittal
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rakesh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

Heard learned counsel for applicants and learned A.G.A.

This application under Section 482 Cr.P.C. is preferred for quashing the Charge sheet No.595 of 2015 dated 15.6.2015 and summoning order dated 29.7.2015 in Case No.1928 of 2015, Case Crime No.74 of 2014, under Sections 406, 420, 120-B IPC P.S. Harbansh Mohal, District Kanpur Nagar, pending in the court of Metropolitan Magistrate-X, Kanpur Nagar.

It is submitted that one Neha and her mother Shakuntala Devi executed a registered agreement to sell on 20.8.2008 in favour of informant Chitra Yadav and Daya Gupta but subsequently the said agreement came to be cancelled on 22.5.2013, subsequently, Shakuntala Devi died on 30.10.2012 and Neha and her brother Deepak executed a registered sale deed in favour of the applicant on 17.4.2014, who claims himself to be a bonafide purchaser.

The allegation made in the FIR against the applicant is that the cancellation was only in respect of a part of the property, therefore, the execution of the entire sale deed by Neha and her brother Deepak in favour of the applicant cannot be said to be valid, as the applicant too had purchased only a part of the property, under the sale deed executed in his favour. Learned counsel for the applicant further submits that in any view the dispute was essentially civil in nature but criminality is deliberately assigned for oblique motive.

Learned AGA has accepted notice on behalf of O.P.No.1.

Issue notice to opposite party no.2. She may file counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, further proceedings of Case No. 1928 of 2015, Case Crime No.74 of 2014, under Sections 406, 420, 120-B IPC P.S. Harbansh Mohal, District Kanpur Nagar, pending in the court of Metropolitan Magistrate-X, Kanpur Nagar, shall remain stayed.

Order Date :- 15.10.2015