Court No. - 40 Case :- APPLICATION U/S 482 No. - 21577 of 2010 Petitioner :- Shashank Paliwal Respondent :- State Of U.P. And Another Petitioner Counsel :- Amit Srivastava Respondent Counsel :- Govt Advocate Hon'ble Vinod Prasad, J.
Heard the learned counsel for the applicant and the learned AGA .
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
proceedings of Complaint Case No. 366 of 2008 (Smt. Baby Rani Vs.
Shashank Paliwal), under Sections 420, 406, 504, 506 I.P.C. and 3 (1) (10)
SC/ST Act, P.S. Hariparwat, District Agra, pending in the court of Ist
Additional Sessions Judge (S.D.), Agra be quashed.
It is contended by the learned counsel for the applicant that a civil dispute
regarding sale of immovable property has been dragged maliciously into
criminal offence when, in fact, there is no mens rea. There are allegations
which do not make out any offence at all.
The applicant is directed to serve respondent No. 2 through RPAD within a
week from today. The respondent No. 2 as well as the learned AGA are
directed to file counter affidavit within three weeks.
List this case in the week commencing 16th August, 2010 before the
appropriate Court.
Till the next date of listing, further proceedings of the aforesaid Complaint
Case No. 366 of 2008 (Smt. Baby Rani Vs. Shashank Paliwal), under Sections
420, 406, 504, 506 I.P.C. and 3 (1) (10) SC/ST Act, P.S. Hariparwat, District
Agra, pending in the court of Ist Additional Sessions Judge (S.D.), Agra shall
remain stayed against the applicant.
Order Date :- 28.6.2010
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