Court No. - 54 Case :- APPLICATION U/S 482 No. - 34254 of 2009 Petitioner :- Sri Ram Swaroop Gupta Respondent :- State Of U.P.And Another Petitioner Counsel :- Kamlesh Kumar,Sanjay Agrawal Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the
proceedings of the Complaint Case No. 3269 of 2009, under Sections 166,
167, 109, 219, 467, 468, 471 I.P.C., pending before learned Additional Civil
Judge (Junior Division)/Judicial Magistrate, Court No.14, District Fatehpur.
It is contended by learned counsel for the applicant that opposite party no.2
executed an agreement to sell in favour of Smt. Santosh Kumari, in respect of
the plot in question and also executed registered power of attorney in favour
of the applicant on the same day i.e. on 12.08.1980, pursuant to the agreement
to sell, applicant executed registered sale deed in favour of Smt. Santosh
Kumari on 23.05.1984 and the name of Smt. Santosh Kumari was also
mutuated in the revenue records over the plot in question. It is further
contended that the opposite party no.2 through his Advocate sent a notice
dated 10.04.1991 for revoking his power of attorney which shows that the
opposite party no.2 was fully aware of the sale deed executed in favour of
Smt. Santosh Kumari as her name has been mutuated in the revenue record. It
is next contended that in respect of the same, complaint has been filed in the
year 2009 which is nothing but gross misuse of the process of Court and civil
matter has been dragged into criminal prosecution at the behest of the
opposite party no.2 as the opposite party no.2 had also filed Civil Suit No. 498
of 2006 for cancellation of the sale deed dated 23.05.1984 in the Court of
learned Civil Judge (Junior Division), District Fatehpur. Learned couonsel for
the applicant has relied upon a Judgement of Hon’ble Supreme Court reported
in 2008 (1) JIC 737 (SC) Indra Mohan Goswami and others Vs. State of
Uttranchal in support of his contention.
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 applicant 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
applicant in the aforesaid case.
Order Date :- 8.1.2010
S.Ali