Court No. - 54 Case :- APPLICATION U/S 482 No. - 22335 of 2010 Petitioner :- Shyam Ji And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- H.K.Sharma,Manu Sharma Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and the learned A.G.A.
The applicants, through the present application under Section 482 Cr.P.C.
have invoked the inherent jurisdiction of this Court with the prayer that the
proceeding of complaint case no. 1589/2010 (Banarasi Vs. Shyam Ji and
others), under Sections 419, 420, 465, 467, 468, 471 I.P.C., P.S. Chunar,
District Mirzapur pending in the court of J.M., Mirzapur be quashed.
It is contended by learned counsel for the applicants that initially the
complaint was dismissed under Section 203 Cr.P.C. but that order was set
aside by the Lower Revisional Court and without any change in circumstance
when no offence was disclosed, applicants have been summoned. He further
contended that the dispute is primarily civil in nature.
Issue notice to respondent No. 2 returnable within three weeks. Learned AGA
as well as respondent No. 2 may file counter affidavit within the aforesaid
period.
List this case in the week commencing 6.9.2010 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid complaint
case shall remain stayed against the applicants.
Order Date :- 6.7.2010
AKG/-