Amit vs State Of U.P. And Another
2018 Latest Caselaw 4351 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- APPLICATION U/S 482 No. - 44887 of 2018
 

 
Applicant :- Amit
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohammad Faisal Khan
 
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 instead of filing suit for specific performance of contract of sale the first information report has been lodged alleging that after accepting the advance sale consideration the sale deed was not executed and the money was usurped by the accused. Learned counsel for the applicant has further submitted that the applicant is neither the vendor nor the vendee nor the witness of the sale deed. He is stated to be present at the time of transaction.

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 Charge-sheet No.86 of 2018 dated 21.02.2018, under Sections 420, 406, 120B I.P.C arising out of Case Crime No.974 of 2017, Police Station Nai Mandi, District Muzaffar Nagar with regard to the applicant shall remain stayed.

Order Date :- 17.12.2018

SS