Court No. - 54 Case :- APPLICATION U/S 482 No. - 34023 of 2009 Petitioner :- Rajkumar And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- Hemendra Pratap Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing
the proceedings of the Complaint Case No. 1187 of 2008, under Sections
120B, 193, 199, 200, 419, 420, 468, 469, 471 I.P.C., Police Station Iglas,
District Aligarh, pending before learned Civil Judge (Junior Division) Iglas/
Judicial Magistrate, Iglas, District Aligarh.
It is contended by learned counsel for the applicants that the matter is purely
of civil nature and a suit under Section 182 B of UPZA & LR Act, being
Case No. 5 of 2002 was filed which was decided on 05.01.2002 against
which, the applicants filed a revision no. 167 of 2002, under Section 333 of
UPZA & LR Act, which was allowed on 20.01.2004 by learned S.D.M.Iglas,
District Aligarh. It is further contended that the brother of the opposite party
no.2 had filed a revisioin before Board of Revenue against the order of Sub-
Divisional-Magistrate,Iglas, District Aligarh which is still pending. It is thus,
contended that the civil litigation has ben dragged into criminal prosecution of
the applicants at the behest of the opposite party no.2 which is bad in law.
Issue notice to opposite party no.2 returnable within a period of four weeks.
Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing 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 immediately after expiry of the aforesaid period.
Till the next date of listing, no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 7.1.2010
S.Ali