Allahabad High Court
Atul Bhargava And Another vs State Of U.P. And Another on 16 March, 2021
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 89
Case :- APPLICATION U/S 482 No. - 2636 of 2021
Applicant :- Atul Bhargava And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Devendra Dahma
Counsel for Opposite Party :- G.A.,Shiv Kumar Singh
Hon'ble Rajeev Misra,J.
Heard Mr.Ashok Mehta, learned Senior Counsel assisted by Mr.Devendra Dahma, learned counsel for applicants, learned AGA for State and Mr.Shiv Kumar Singh, learned counsel representing opposite party No.2.
This application under Section 482 Cr.P.C. has been filed challenging order dated 29.9.2020, whereby Chief Judicial Magistrate, Aligarh, has taken cognizance of the crime in question and also summoned the applicants in Criminal Case No.705 of 2020 (State vs. Sanjay Bhargava and others) arising out of Case Crime No.162 of 2020 under Sections 420, 467, 468, 471 IPC., Police Station-Banna Devi, District-Aligarh, which is now said to be pending in the Court of Chief Judicial Magistrate, Aligarh.
Learned Senior Counsel appearing on behalf of applicants contends that the dispute relates to documents dated 3.3.2020 and 18.4.2018, which are much prior to the date of birth of applicants. On the aforesaid premise, it is urged that applicants cannot be said to have engineered or fabricated aforesaid documents. It is further contended that the aforesaid documents are subject matter of Suit No.2 of 1948 in respect of which Second Appeal No.888 of 1981 is pending adjudication before this Court.
The correctness or otherwise of the aforesaid documents is engaging the attention of this Court in above mentioned second appeal, therefore, at this stage, it cannot be said that aforesaid documents are forged or fabricated or they have been engineered by the present applicant. What is the nature of the documents is within the realm of the second appellate court itself and whether any right accrued on the basis of aforesaid documents or not by second appellate court. On the aforesaid premise, it is submitted that present criminal proceedings are not only malicious but also an abuse of the process of the Court. Reliance is also placed upon the judgment of Apex Court in Inder Mohan Goswami and another v. State of Uttaranchal and others, 2007 (12) SCC 1 in support of aforesaid proposition. Attention of the Court has also invited to the order dated 12.10.2012, passed in Application u/s 482 Cr.P.C. No.34103 of 2012 (Sudhir Kumar Agrawal vs. State of UP and another) filed by informant-opposite party No.2 regarding the same property.
Per contra, learned AGA and Shri Shiv Kumar Singh, have opposed the prayer made in this application.
Having heard learned counsel for the applicants, learned AGA and Shri Shiv Kumar Singh, learned counsel representing opposite party No.2, the matter requires consideration.
Connect Application u/s 482 Cr.P.C. No.34103 of 2012 (Sudhir Kumar Agrawal vs. State of UP and another) with this application.
All the respondents are granted four weeks' time to file counter affidavit.
Applicants shall have two weeks thereafter to file rejoinder affidavit.
List this application after expiry of the aforesaid period along with connected matter before appropriate Bench after obtaining an order of nomination from Hon'ble The Chief Justice.
Until further order of this Court, order dated 29.9.2020, whereby Chief Judicial Magistrate, Aligarh, has taken cognizance of the crime in question and also summoned the applicants in Criminal Case No.705 of 2020 (State vs. Sanjay Bhargava and others) arising out of Case Crime No.162 of 2020 under Sections 420, 467, 468, 471 IPC., Police Station-Banna Devi, District-Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh, shall remain stayed.
Assignment, if any, stands discharged.
Order Date :- 16.3.2021
LN Tripathi
