Jagdish And 3 Others vs State Of U.P. And Another
2019 Latest Caselaw 98 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 6816 of 2019
 

 
Applicant :- Jagdish And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.B. Pal
 
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.

It is submitted by the learned counsel for the applicants that applicant no. 1 Jagdish was the owner of alleged plot and he has executed the sale deed in favour of applicant no. 2 on 28.8.2010. After sale deed the disputed plot is in possession of applicant no. 2. The O.P. No. 2 and his associates create obstruction in the possession of applicant no. 2. The applicant no. 2 has filed an original suit no. 488 of 2010 (Dashrath Singh Vs. Bhajan Lal and others). In that case an order of temporary injunction was also passed in favour of applicants. In fact, this is a dispute of civil nature. No offence is made out against the applicants. The present prosecution has been instituted only for the purpose of harassment.

The matter requires consideration.

Learned A.G.A. has accepted notice on behalf of State/O.P. No. 1.

Issue notice to O.P. No. 2 who may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within one week thereafter.

List thereafter. Till the next date of listing no coercive action shall be taken against the applicants in Complaint Case No. 1189 of 2017, under section 420 IPC, P.S. Sirsaganj, District Firozabad Ramcharan Vs. Jagdish and others, pending in the court of A.C.J.M. Shikohabad, District Firozabad.

Order Date :- 25.2.2019

Masarrat