Court No. - 28 Case :- APPLICATION U/S 482 No. - 343 of 2010 Petitioner :- Deepak Kumar Chauhan Respondent :- State Of U.P. And Another Petitioner Counsel :- Shrikrishna Shukla Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
1. Heard the learned counsel for the applicant and the learned AGA for the
State.
2. The learned counsel for the applicant submitted that the money was taken
by co-accused Narendra Chauhan, who had executed the alleged agreement.
The applicant neither took any amount from the complainant nor entered into
any agreement. It is alleged against the applicant that the complainant had
paid the money to Narendsra Chauhan on persuasion of the applicant. It was
also submitted that the dispute is of civil nature.
3. Notice on behalf of the State of U.P. has been accepted by the AGA. Issue
notice to the respondent no.2 by registered post. Counter affidavit may be
filed within four weeks and the rejoinder affidavit, if any, within two weeks
thereafter. List for admission after six weeks.
4. Till the next date of listing, no coercive process in Case No. 13452 of 2008
(State vs. Deepak Kumar Chauhan and another) under sections 420, 406, 506
IPC, police station sector-39, district Gautam Budh Nagar, shall be issued and
executed against the applicant.
Order Date :- 1.2.2010
RKSh