Banshi @ Bobi And Another vs State Of U.P. And Another
2016 Latest Caselaw 3634 ALL

Citation : 2016 Latest Caselaw 3634 ALL
Judgement Date : 27 June, 2016

Allahabad High Court

Banshi @ Bobi And Another vs State Of U.P. And Another on 27 June, 2016

Bench: Ram Surat (Maurya)




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- APPLICATION U/S 482 No. - 19225 of 2016
 

 
Applicant :- Banshi @ Bobi And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev 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 the applicants purchased the property in dispute from Vinod Kumar Singh, Bijendra Kumar Singh and Praveen Kumar Singh sons of Ravindra Singh through sale deed dated 9.4.2014. So far as Saurabh Anad , opposite party no. 2 is concerned, his grand father was tenant in the property in dispute and has nothing to do in it. After purchasing the property in dispute, the alleged shutter has been removed by the applicants under the valid title as well as authority and no case under Section 379 IPC is made out against them but the police has mechanically submitted charge sheet in the matter on which cognizance has taken place. He submits that a civil suit i.e. O.S. No. 182 of 2014 is also pending between Vinod Kumar Singh and others as well as Saurabh Anand, opposite party-2.

Matter requires consideration.

Till next date of listing, further proceeding in Criminal Case No.161 of 2016 (State Vs. Banshi @ Bobi and another) arising out of Case Crime No. 123 of 2015 under Section 379 IPC, PS Kotwali, Distt. Agra pending before the court of ACJM vth Agra shall remain stayed.

Order Date :- 27.6.2016

Rahul /-