Court No. - 45 Case :- APPLICATION U/S 482 No. - 9547 of 2010 Petitioner :- Raj Kumar Dubey Respondent :- State Of U.P. And Another Petitioner Counsel :- B.N. Rai,Adarsh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that the dispute is of purely
civil nature. The concerned agreement for sale was unregistered and has no
legal effect. The question of alleged liability of payment of certain money on
the part of the applicant has been made as a criminal case. The proper course
for the respondent no.2 was to initiate appropriate legal proceeding for
recovery of the money but in order to pressurise the applicant the present
case has been lodged.
Notice on behalf of the respondent no.1 has been accepted by the learned
AGA. Notice be issued to respondent no.2 by registered post, returnable at an
early date. Step may be taken within a week.
Counter affidavit on behalf of the respondents may be filed within four weeks
and the rejoinder affidavit, if any, within two weeks thereafter.
List after expiry of six weeks.
Till the next date of listing, no coercive process shall be issued and executed
against the applicant in case no. 2095 of 2008, Case Crime No.61 of 2008,
under sections 420 and 406 IPC, police station Kotwali, district Kanpur
Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur
Nagar.
Order Date :- 2.4.2010
RKSh