Allahabad High Court
Rajendra Prasad & Others vs State Of U.P. & Another on 16 July, 2010
Court No. - 28 Case :- APPLICATION U/S 482 No. - 17724 of 2010 Petitioner :- Rajendra Prasad & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sahab Tiwari,Saurabh Tiwari 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 proceeding of the Complaint Case No. 2641 of 2008, (Ishwar Deo Vs. Rajendra Prasad), under Sections 504, 506, 427 I.P.C., and Sect ion 3(1)(X) of SC/ST Act, Police Shahganj, District Jaunpur, pending before learned Additional Chief Judicial Magistrate, Ist, District Jaunpur.
It is contended by learned counsel for the applicants that the father of the applicants no.1 and 2 had purchased land in front of his house at District Jaunpur from the father of the opposite party no.2 and his name was also mutated in the revenue records. It is further contended that the opposite party no.2 with the help of his political contacts started interferring with the peaceful possession of the applicant over the land in question for which, civil suit no. 371 of 2003 was also filed by the applicants which is pending consideration before the learned Civil Judge (Junior Division), Fatehpur. It is thus argued that the matter is purely of civil nature which has been dragged into criminal prosecution of the applicants at the behest of the opposite party no.2. It is also argued that this is the third time when complaint has been made by the opposite party no.2 and in the earlier two complaints another Bench of this Court had granted interim order on 24.08.2008 in Criminal Misc. Application No. 11598 of 2005 and on 08.07.2008 in Criminal Misc. Application No. 15686 of 2008, copies of which orders are annexed as Annexures-13 and 18 respectively to this application.
Issue notice to the 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 before appropriate Court alongwith records of Criminal Misc. Application Nos. 11598 of 2005 and 15686 of 2008.
Till the next date of listing no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 16.7.2010 S.Ali