Allahabad High Court
Raj Kumar Dubey vs State Of U.P. And Another on 2 April, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 9547 of 2010 Petitioner :- Raj Kumar Dubey Respondent :- State Of U.P. And Another Petitioner Counsel :- B.N. Rai,Adarsh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned counsel for the applicant submitted that the dispute is of purely civil nature. The concerned agreement for sale was unregistered and has no legal effect. The question of alleged liability of payment of certain money on the part of the applicant has been made as a criminal case. The proper course for the respondent no.2 was to initiate appropriate legal proceeding for recovery of the money but in order to pressurise the applicant the present case has been lodged.
Notice on behalf of the respondent no.1 has been accepted by the learned AGA. Notice be issued to respondent no.2 by registered post, returnable at an early date. Step may be taken within a week.
Counter affidavit on behalf of the respondents may be filed within four weeks and the rejoinder affidavit, if any, within two weeks thereafter.
List after expiry of six weeks.
Till the next date of listing, no coercive process shall be issued and executed against the applicant in case no. 2095 of 2008, Case Crime No.61 of 2008, under sections 420 and 406 IPC, police station Kotwali, district Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.
Order Date :- 2.4.2010 RKSh