Ram Sevak And Another vs State Of U.P. And Another
2016 Latest Caselaw 1632 ALL

Citation : 2016 Latest Caselaw 1632 ALL
Judgement Date : 21 April, 2016

Allahabad High Court

Ram Sevak And Another vs State Of U.P. And Another on 21 April, 2016

Bench: Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 11435 of 2016
 

 
Applicant :- Ram Sevak And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ramesh Kumar Chaurasia
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.

The instant petition has been filed by the applicant with a prayer to quash the summoning order dated 21.2.2015 passed by Additional Civil Judge (Junior Division) IInd/Judicial Magistrate, Ballia as well as non bailable warrant dated 10.2.2016 issued against the applicants in Case No.142 of 2014 (Ramwati Vs. Vijay Yadav and others) arising out of Case Crime No.72 of 2013, under sections 419, 420, 467, 468, 471, 323, 504, 506 I.P.C., Police Station Ubhaon, District Ballia.

It is submitted by learned counsel for the applicants that the applicants are the bonafide purchasers of the property which is the subject matter of the sale deed executed by Vijay Yadav and others. The matter is purely civil in nature.The F.I.R. was lodged by respondent no.2 after a lapse of 25 years against the applicants and five other persons in which after the investigation final report was submitted. Thereafter on filing of protest petition the applicants and other accused persons have been summoned which is nothing but an abuse of the process of law. The co-accused have approached this Court by way of filing Application u/s 482 Cr.P.C. No.6910 of 2016 and this Court has granted indulgence vide order dated 3.3.2016.

The matter requires consideration.

Let the notice be issued to opposite party no.2 returnable within four weeks, who shall file counter affidavit within the said period.

Learned A.G.A. may also file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.

Let the case be listed after expiry of the aforesaid period before the appropriate Bench along with Application u/s 482 Cr.P.C. No.6910 of 2016.

Till then further proceedings in Case No.142 of 2014 (Ramwati Vs. Vijay Yadav and others) arising out of Case Crime No.72 of 2013, under sections 419, 420, 467, 468, 471, 323, 504, 506 I.P.C., Police Station Ubhaon, District Ballia shall remain stayed.

Order Date :- 21.4.2016