Court No. - 49 Case :- APPLICATION U/S 482 No. - 34585 of 2009 Petitioner :- Kushal Pal Singh And Others Respondent :- State Of U.P. & Another
Petitioner Counsel :- Sudhanshu Srivastava
Respondent Counsel :- Govt. Advocate
Hon’ble Rajesh Dayal
Heard learned counsel for the applicants and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing of the
proceedings of complaint case no.378 of 2007, under Section 420 IPC,
pending before the Additional Chief Judicial Magistrate, Deoband, District
Saharanpur.
It is contended by the learned counsel for the applicants that the allegation
made against the applicant no.2 is that he sold his property in favour of the
applicant no.3 by a registered sale deed dated 12.4.2005 when in fact the
applicant no.2 had executed an agreement to sell in favour of opposite party
no.2. It is further contended that the opposite party no.2 could not arrange the
fund, though she was called upon the applicant no.2 to get the sale deed
executed in her favour. It is next contended that the opposite party no.2 has
also filed a civil suit being Original Suit No.167 of 2005 for cancellation of
the sale deed and for prohibitory injunction, which is stated to be pending
before the Civil Court. It is further contended by the learned counsel for the
applicants that the civil matter has been dragged into criminal prosecution at
the behest of opposite party no.2, which is bad in law. Learned counsel for the
applicants has relied upon the Judgment of the Hon’ble Apex Court reported
in 2008(1) JIC 737 S.C. Indra Mohan Goswami and others Vs. State of
Uttranchal and others, in support of his contention.
Issue notices to opposite party no.2 returnable within four weeks. Steps be
taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants, two weeks thereafter
is granted for filing rejoinder affidavit. List 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 the aforesaid case.
Order Date :- 4.2.2010
Hasnain