Kamlesh vs State Of U.P. And Another
2016 Latest Caselaw 5157 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 22503 of 2016
 
Applicant :- Kamlesh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ali Hasan,Istiyaq Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 07.02.2014, cognizance/summoning order dated 02.04.2015 as well as criminal proceeding in Criminal Case No. 880 of 2015 (State Vs. Har Govind Singh and another), Arising out of Case Crime No. 695 of 2013, under Sections 147, 352, 504, 506, 427, 419, 420, 447, IPC, Police Station Barsathi, District Jaunpur, pending in the court of Judicial Magistrate, Ist, Jaunpur, and further prayed for stay the proceeding of aforesaid case. 

It is submitted by the learned counsel for the applicant that first information report has been registered against the applicant alongwith other persons, who is also a co-purchaser from Har Govind and complainant also purchased a land from Har Govind. In the sale deed of complainant it has been mentioned that 13 feet path will be left from the land sold to the complainant, whereas as per complainant this facts has been wrongly mentioned in the sale deed. 

Seeing the facts of the first information report as well as the submissions made by the learned counsel for the applicant it can be said that it is Har Govind who executed sale deed in favour of complainant, and if any discrepancy is there Har Govind is responsible for that and the applicant can't be held responsible for the charges under Sections under Sections 419 and 420 of IPC.

Matter requires consideration.

Learned AGA has accepted notice on behalf of the respondent no.1.

Issue notice to respondent no.2, who may file a counter affidavit, if any, within four weeks. Learned AGA may also file a counter affidavit, if any, within same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List the matter again on 28.09.2016, before appropriate Bench. Matter will not be treated as tied up or part hard.

Meanwhile the proceeding of aforesaid case, shall remain stayed against the applicant.

Order Date :- 11.8.2016/VKG