Court No. - 28 Case :- U/S 482/378/407 No. - 267 of 2010 Petitioner :- Radhey Shyam @ Radhey Shyam Gupta & Others Respondent :- State Of U.P., & Another Petitioner Counsel :- Rana Pratap Singh Respondent Counsel :- G.A. Hon'ble Alok K.Singh,J.
Learned A.G.A. has put in appearance on behalf of the State.
Issue notice to opposite party no. 2 returnable at an early date.
List immediately after service.
Steps be taken within seven days through registered post, failing which the
interim order which is being passed herein below shall come to an end.
Learned counsel for the petitioners submits that first informant of this case
had earlier filed a civil suit no. 910 of 2003 before the Civil Judge, Bahraich
in respect of the same land/property including the Khaprail, as mentioned in
paragraph 2 of the plaint (Annexure No. 8). The prayer for injunction was
refused by means of detailed order dated 30.04.2007 (Annexure No. 9). It is
said that defendant no. 1 of that case, namely, Radhey Shyam @ Radhey
Shyam Gupta having the ownership over the land have executed several
registered sale deeds for consideration wherein, petitioner no. 2, Subhash @
Subhash Chandra Gupta and petitioner no. 3, Sharif Banzara @ Mohd. Sharif
were marginal witnesses and Kalim @ Mohd. Kaleem is a purchaser and
petitioner no. 5, Atiq is the father of the petitioner no. 3. It is submitted that
the petitioner no. 1 Radhey Shyam @ Radhey Shyam Gupta is the defendant
no. 1 of the aforesaid civil suit mentioned above. It is said that dispute is of
civil nature and first informant of this case, opposite party no. 2, has no right
over the land/property in question but even after losing his battle before the
civil court, he has filed a false and frivolous complaint without any basis and
after completion of the investigation in a routine manner charge sheet was
filed which deserves to be quashed.
It appears to be an arguable case.
In view of the above, as an interim measure, it is provided that till the
pendency of this petition, proceedings of the Criminal Case No. 245 of 2009
(Stave Vs. Radhey Shyam & others) arising out of Case Crime No. 338 of
2008, under Sections 147, 447, 427, 506, 419, 420, 120-B, 467, 468, 471, 448
I.P.C. Police Station Dargah Sharif, District Bahraich, pending in the Court of
Addl. Chief Judicial Magistrate, Bahraich shall remain stayed.
Order Date :- 22.1.2010
ML/-