Court No. - 45 Case :- APPLICATION U/S 482 No. - 20906 of 2010 Petitioner :- Ramashrey Sharma And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sudhir Kumar Singh Respondent Counsel :- Govt. Advocate,Kameshwar Singh Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri Kameshwar Singh, learned
counsel appearing for the opposite party no.2 and learned A.G.A. for the State
respondent.
It is contended by the learned counsel for the applicants that the matter is of
purely civil nature and civil proceedings are pending between the parties,
therefore, initiation of criminal proceedings against the applicants is bad in
law.
It is contended by the learned counsel for the opposite party no.2 that the
matter is of purely criminal nature in which fraud has been played, therefore,
argument raised by the learned counsel for the applicants is unsustainable.
As prayed by the learned counsel for the opposite party no. 2 two days time is
granted for filing counter affidavit. As prayed by the learned counsel for the
applicants two days thereafter is granted for filing rejoinder affidavit.
Put up immediately after expiry of the aforesaid period before the appropriate
Bench.
Till the next date of listing no coercive action shall be taken against the
applicants in case crime no. 150 of 2009 under Section 419, 420, 467, 468,
471, 120-B IPC pending before Civil Judge (JD) IV/Judicial Magistrate,
Ballia.
Order Date :- 28.7.2010
Ashish