Citation : 2016 Latest Caselaw 3630 ALL
Judgement Date : 27 June, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- APPLICATION U/S 482 No. - 19203 of 2016 Applicant :- Prakash Chand And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ram Surat Ram (Maurya),J.
Notice on behalf of opposite party no. 1 has been accepted by Government Advocate.
Issue notice to opposite party no.2.
Counsel for the applicants submits that applicant-1 has purchased the property from applicants -2 and 3 through sale deed dated 30.7.2014. While the complainant, opposite party no. 2 purchased the land through sale deed dated 17.10.2014 from daughters of Roshan. In both the sale deeds the boundary of the property is different. There is civil suit i.e. O.S. No. 345 of 2014 pending between the parties. Thus the dispute is of civil nature and no case under Section 420 IPC is made out but the police has mechanically submitted charge sheet in the matter on which cognizance has taken place.
Matter requires consideration.
Till next date of listing, further proceeding in Criminal Case No. 377 of 2016 arising out of Case Crime No. 128 of 2015 under Section 420 IPC PS Dibai Distt. Bulandshahar pending before the court of ACJM, Anoopshahar, Distt. Bulandshahar shall remain stayed.
Order Date :- 27.6.2016
Rahul /-
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