Court No. - 40 Case :- APPLICATION U/S 482 No. - 21596 of 2010 Petitioner :- Rajesh Singh @ Guddu Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Pradeep Kumar Rai,Sri Kamal Krishna Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned A.G.A.
The applicant, through the present application under Section 482 Cr.P.C. has
invoked the inherent jurisdiction of this Court with the prayer that the
proceeding of Case No. 7424 of 2009 under Section 419, 420, 467, 468, 471
I.P.C., P.S.Cantt. , District Varanasi, pending in the court of Chief Judicial
Magistrate, Varanasi be quashed.
It was contended that the police did not investigate the offence at all. On the
basis of a single testimony of the informant, without investigating the
offence, it charge sheeted the applicant because of involvement of influential
people. It was further submitted that in respect of property in question, the
parties are litigating in Civil Court since last 37 years and the said litigation is
still pending. It was pointed out that the Civil Litigation starting in 1973
through a Civil Suit in which the relief sought was for possession and
ejectment. The learned counsel submitted that the applicant is claiming right
over the property and once the respondent fails to get any relief from the
Civil Court then he start resorted to the nefarious design of lodging of a
malicious prosecution and in such a view, the present prosecution of the
applicant is nothing but vexatious.
The applicant is directed to serve respondent no. 2 through RPAD within a
week from today. Learned AGA as well as respondent No. 2 may file counter
affidavit within a period of three weeks.
List this case in the week commencing 16th August, 2010 before the
appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid Case No.
7424 of 2009 under Section 419, 420, 467, 468, 471 I.P.C., P.S. Cantt. ,
District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi
shall remain stayed against the applicant.
Order Date :- 28.6.2010
Naresh
