Allahabad High Court
Shiv Chand Vishwakarma And Another vs State Of U.P.And Another on 6 January, 2010
Author: Vijay Kumar Verma
Bench: Vijay Kumar Verma
Court No. - 45 Case :- APPLICATION U/S 482 No. - 169 of 2010 Petitioner :- Shiv Chand Vishwakarma And Another Respondent :- State Of U.P.And Another Petitioner Counsel :- H.K.Yadav,Smt.Sushma Yadav Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri H. K. Yadav, Advocate appearing for the applicant and AGA for the State and also perused the material on record.
The main submission made by learned counsel is that the dispute of civil nature has been dragged into criminal litigation.
Next submission made by learned counsel is that suit no. 112 of 1979 was instituted regardiing the same property, which has been finally decided and thereafter with mala fide intention, false FIR was lodged.
Issue notice on the O.P. No. 2. Notice on behalf of State of U.P. has been accepted by the AGA.
Both the O.Ps. may file counter affidavit within eight weeks.
List thereafter in the week commencing 15.03.2010.
Till the next date of listing, further proceedings of special criminal case no. 94 of 1997 (State Vs. Jhillu Singh and others) under section 218, 420, 465, 466, 467, 468, 471, 120B IPC and 5(2) Prevention of Corruption Act pending in the court of Upper Sessions Judge/Special Judge (Prevention of Corruption Act) Varanasi shall remain stayed.
Order Date :- 6.1.2010 yachna