Manoj Thakur vs State Of U.P. And Another
2018 Latest Caselaw 4350 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- APPLICATION U/S 482 No. - 45780 of 2018
 

 
Applicant :- Manoj Thakur
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Singh,Vikas Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

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

The submission is that entire sale consideration is stated to have been paid in cash but thereafter no sale deed of any flat has been executed in favour of opposite party no.2. There is no allegation of payment of any money to the applicant nor any suit has been filed for specific performance of contract wherein opposite party no.2 would have been required to prove the factum of money paid to the applicant or the co-accuseds for the purpose of purchasing the flat. It has been submitted that in order to pressurize the co-accused and the applicant, the first information report has been lodged in the year 2017 when the transaction is alleged to have taken place in the year 2014.

The matter requires consideration.

Issue notice to opposite party no.2.

List after service of notice.

Till the next date of listing, further proceedings of Case No.3197/9 of 2018 (State Vs. Tara Chand and others) arising out of Case Crime No.2207 of 2017, under Sections 406, 420 I.P.C., Police Station Kotwali, District Muzaffar Nagar pending in the court of learned Chief Judicial Magistrate, Muzaffar Nagar with regard to the applicant shall remain stayed.

Order Date :- 17.12.2018

SS