Ravindra Pandey vs State Of U.P. & Another
2017 Latest Caselaw 7843 ALL

Citation : 2017 Latest Caselaw 7843 ALL
Judgement Date : 11 December, 2017

Allahabad High Court

Ravindra Pandey vs State Of U.P. & Another on 11 December, 2017

Bench: J.J. Munir




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 41301 of 2017
 

 
Applicant :- Ravindra Pandey
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Vivek Singh,Bairister Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble J.J. Munir,J.

Heard learned counsel for the applicant and learned AGA for the State.

This is an application challenging the proceedings of Criminal Case No. 4028 of 2017, State vs. Ravindra Pandey and others (arising out of Case Crime No. 121 of 2017), under Section 420 IPC, P.S. Ram Nagar, District Varanasi pending in the Court of Additional Chief Judicial Magistrate Court, No. 9, District Varanasi.

The contention of learned counsel for the applicant Sri Bairister Singh is that the dispute as disclosed in the impugned FIR is purely one of a civil nature, it has no element of criminality to do.

A perusal of the charge sheet and the materials annexed show that the dispute in essence is over the actual dimension of an approach road to the plot of land purchased by the complainant from one Bachchey Lal. It is stated that dimension available on spot are lesser than those mentioned in the sale deed so far the approach road is concerned. An alleged that 8 fit wide road shown in the sale deed but on the spot the road is only 2-4 feet wide. The said fact has been alleged to be an act constituting cheating and a charge sheet on these allegation has been filed. This Court is of opinion that the dispute is primarily civil in nature. The applicant has made out a prima facie case.

Issue notice to O.P. No.2 returnable in one month.

List on the date fixed in the notice.

State and second opposite party may file counter affidavit within this period of time.

Until further order of this Court, further proceedings of Case No. 4028 of 2017 (State vs. Ravindra Pandey and others) arising out of Case Crime No. 121/2017, under Sections 420 IPC, P.S. Nagar, District Varanasi and cognizance order dated 18.09.2017 shall remain stayed.

Order Date :- 11.12.2017

Imroz