Smt. Kiran Agarwal & Another vs State Of U.P. & Another
2017 Latest Caselaw 4689 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- APPLICATION U/S 482 No. - 27375 of 2017
 

 
Applicant :- Smt. Kiran Agarwal & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rajeev Chaddha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned  A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that there was 1/4th share of applicants' father namely, Jugal Kishor Agarwal in the alleged disputed house. The applicants after the death of their father Jugal Kishor Agarwal became owners of 1/4th share in the house and the applicants sold their share to one Vijay Kumar Gupta. It  has further been submitted that the opp. party no. 2 is a co-sharer of the dispute house. There is no partition in the dispute house. In fact, this is a dispute of civil nature. The applicants have not committed the alleged offence. No offence is made out against the applicants. The summoning order dated 15.3.2017 is not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.

Learned  A.G.A. has accepted notice on behalf of State.

Issue notice to the opp. party no. 2 who may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within a week thereafter.

List thereafter.

Till the next date of listing, no coercive action shall be taken against the applicants in complaint case no. 3958 of 2016, Naresh Agarwal  Vs.  Vijay Kumar Gupta and others, pending in the court of First Additional Civil Judge (JD) Kanpur Nagar.

Order Date :- 20.9.2017

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