Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 10911 of 2010 Petitioner :- Alok Kumar Pachori And Another Respondent :- State Of U.P. Through Secretary Home And Others Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt. Advocate Hon'ble V.K. Shukla,J.
Hon’ble Ran Vijai Singh,J.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 & 2.
Issue notice to respondent no. 3.
Each one of the respondents is accorded six eight weeks time to file counter
affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been sought to be contended on behalf of petitioners that in the present
case there was agreement to sale in between Mrs. Sharmila Ahuja and
petitioner no. 2, and based on the said document in question which has been
filed as Annexure-2 further transaction has been entered upon by the
petitioners with the complainant and they were never made aware by Smt.
Sharmila Ahuja that she has already entered upon transaction with another
incumbent. In this background at the point of time when agreement to sale has
been executed inter se petitioner no. 2 and respondent no. 3, there was no
intention of to cheat respondent no. 3; Coupled with this dispute in question is
principally of civil nature, in such a situation invoking of criminal forum is
misuser of criminal forum.
Primafacie arguments advanced requires consideration by this Court.
Consequently, till the next date of listing or till submission of report under
Section 173 (2) Cr. P.C. whichever is earlier, petitioners shall not be arrested
in Case Crime No. 154 of 2010 under Sections 420, 467, 468, 471, 504 and
506 IPC, Police Station Sector-20 Noida District Gautham Budh Nagar
subject to condition that petitioners shall extend all possible cooperation with
the on going investigation.
Order Date :- 22.6.2010
Dhruv