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Allahabad High Court
Vinay Kumar Pathak And Others vs State Of U.P. And Another on 1 July, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 21909 of 2010

Petitioner :- Vinay Kumar Pathak And Others
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 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 case crime no. C-590 of 2007 (Case No. 616 of 2010), under
Sections 420, 467, 468, 469, 471, 120-B I.P.C., P.S. Shahganj, District-
Jaunpur pending in the court of Additional Chief Judicial Magistrate, Jaunpur
be quashed.

It is contended by learned counsel for the applicants that the dispute is purely
of civil nature regarding the entitlement to the immovable property but it was
dragged maliciously by lodging an F.I.R. After improper investigation the
police has submitted charge sheet against the applicant. It is further submitted
that the sale deed regarding property in question was executed by the father of
the applicant before his death and after his demise that the F.I.R was got
registered.

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 23.08.2010 before the appropriate
Bench.

Till the next date of listing, further proceedings of the aforesaid case shall
remain stayed against the applicants.

Order Date :- 1.7.2010
Sharad


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