Court No. - 40 Case :- APPLICATION U/S 482 No. - 21622 of 2010 Petitioner :- Chandra Shekher Verma Respondent :- State Of U.P. And Another Petitioner Counsel :- K. D. Awasthi Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the applicants and the learned AGA .
The applicants, through the present application under Section 482 Cr.P.C.
have invoked the inherent jurisdiction of this Court with the prayer that the
proceedings of complaint case no. 355 of 2009 (Chandrakesh Vs.
Chandrashekher Verma), under Sections 406 and 420 I.P.C., P.S. Bela,
District Auraiya pending in the court of Additional Civil/Judicial Magistrate,
Auraiya, District Auraiya be quashed.
It is contended by the learned counsel for the applicant that a dispute
regarding money advanced has been dragged maliciously into criminal
offence without there being any mens rea and a purely civil dispute has been
dragged into criminal offence.
The applicants are directed to serve respondent No. 2 through RPAD within a
week from today. The respondent No. 2 as well as the learned AGA are
directed to file counter affidavit within three weeks.
List this case in the week commencing 16th August, 2010 before the
appropriate Court.
Till the next date of listing, further proceedings of the aforesaid complaint
case no. 355 of 2009 (Chandrakesh Vs. Chandrashekher Verma), under
Sections 406 and 420 I.P.C., P.S. Bela, District Auraiya pending in the court
of Additional Civil/Judicial Magistrate, Auraiya, District Auraiya shall remain
stayed against the applicants.
Order Date :- 28.6.2010
vinay