Court No. - 53 Case :- APPLICATION U/S 482 No. - 25602 of 2010 Petitioner :- Arun Kumar Gupta Respondent :- State Of U.P. & Another Petitioner Counsel :- Shishir Prakash Respondent Counsel :- Govt. Adovcate Hon'ble Shri Kant Tripathi,J.
1. Heard the learned counsel for the applicant, the learned AGA for the State
and perused the record.
2. The learned counsel for the applicant submitted that during the
investigation the applicant’s arrest had been stayed by a Division Bench of
this Court. The FIR has been lodged with an ulterior motive to pressurize the
applicant for making payment of the alleged loan/advances. A civil dispute
has been given the shape of criminal nature only to ensure recovery of the
loans/advances. In lieu of the loans/ advances various properties/ assets of the
society had been mortgaged / hypothecated, therefore, the respondent no.2
instead of initiating a criminal case, should have taken appropriate action for
sale of the hypothecated / mortgaged properties/assets. It was also submitted
that initially the respondent no.2 had given a notice to the applicant for
initiating a civil proceeding but he lodged an FIR after about 15 years on
account of mala fides.
3. Notice on behalf of the respondent no.1 has been accepted by the AGA.
Issue notice to the respondent no.2 by registered post, returnable at an early
date.
4. Counter affidavit may be filed within four weeks and the rejoinder
affidavit, if any, within two weeks thereafter.
5.List after six weeks.
6. Till the next date of listing, no coercive process shall be issued nor
executed against the applicant Arun Kumar Gupta in the criminal case arising
out of crime no. 67/2008 under sections 405, 406, 407, 409, 416 and 420 IPC,
police station Chetganj, district Varanasi, pending in the court of Additional
Chief Judicial Magistrate, Varanasi.
Order Date :- 10.8.2010
RKSh