Court No. - 54 Case :- APPLICATION U/S 482 No. - 22750 of 2010 Petitioner :- Mohd. Sakir And Another Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Arun Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and the learned A.G.A.
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
proceeding of case no. 2111/IX of 2008, under Section 406 I.P.C., P.S.
Kotwali, District Mathura pending in the court of Chief Judicial Magistrate,
Mathura be quashed.
It is contended by learned counsel for the applicants that it is a pure business
dispute dragged maliciously into the criminal offence.
Issue notice to respondent No. 2 returnable within three weeks. Learned AGA
as well as respondent No. 2 may file counter affidavit within the aforesaid
period.
List this case in the week commencing 6.9.2009 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid ccase no.
12111/IX of 2008, under Section 406 I.P.C., P.S. Kotwali, District Mathura
shall remain stayed against the applicants.
Order Date :- 12.7.2010
F.H.