Ram Ratan And 5 Others vs State Of U.P. And Another
2016 Latest Caselaw 6822 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 11
 
Case :- APPLICATION U/S 482 No. - 29727 of 2016
 
Applicant :- Ram Ratan And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Puneet Bhadauria
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Pramod Kumar Srivastava, J.

Heard learned counsel for the applicants, learned AGA and perused the records.

Learned counsel for the applicants submitted that husband of the complainant namely, Raj Kumar had instituted Original Suit No. 285 of 2011 - (Raj Kumar Vs. Smt. Kamla Devi and another) for cancellation of sale-deed, after the execution of sale-deed of his property in favour of the applicants. In that suit application for interim injunction was rejected by the Civil Court. Thereafter, an application under Section 156 (3) Cr.P.C was moved by the complainant regarding dispute of property. When final report has been submitted after investigation, then the complainant filed a protest petition, on basis of which complaint case under challenge, has been registered, in which applicants were summoned. His contention is that civil dispute relating to property has been converted into criminal prosecution, which is evident from the statement of the plaintiff under Section 200 Cr. P.C, but these facts were not properly appreciated by the appellate court. These points need consideration.

Learned A.G.A accepted notice on behalf of respondent no. 1 - State.

Issue notice to respondent no. 2.

Respondents may file counter affidavit within three weeks. Rejointer affidavit, if any, may be filed within two weeks thereafter.

List thereafter.

Till further order, the operation of impugned order shall remain stayed.

Order Date :- 04.11.2016.

Vinod.