Court No. - 54 Case :- APPLICATION U/S 482 No. - 34087 of 2009 Petitioner :- Adgar Jerald Respondent :- State Of U.P.And Another Petitioner Counsel :- Ashwini Kumar Ojha Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the
proceedings of the Complaint Case No. 115 of 2008, under Sections 392, 504,
506, 452, 323 I.P.C., Police Station Babina, District Jhansi, pending before
learned Special Judge, D.A.A., District Jhansi as well as for quashing of the
summoning order dated 17.11.2009.
It is contended by learned counsel for the applicant that an agreement to sell
was executed by the father of the opposite party no.2 in favour of the
applicant on 02.09.2006 and when no sale deed was executed the applicant
filed a suit for specific performance of contract before learned Civil Judge
(Senior Division), District Jhansi being Suit No. 333 of 2009. It is thus,
contended that in order to put pressure upon the applicant, the present
proceedings has been initiated by the opposite party no.2. It is further argued
that the civil matter has been dragged into criminal prosecution of the
applicant at the behest of the opposite party no.2, which is bad in law.
Issue notice to opposite party no.2 returnable within a period of four weeks.
Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant two weeks’ thereafter is
granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 8.1.2010
S.Ali