Court No. - 55
Case :- APPLICATION U/S 482 No. - 39233 of 2018 Applicant :- Ajay Gupta And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satya Priya Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel the applicants and learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. petition has been filed for quashing the order dated 18.12.2017 passed by A. C.J.M., Court No.2, Gautambudh Nagar in Complaint Case No.4538 of 2017 arising out of case crime no. 848 of 2017, under Sections 420, 406, 468, 471, 120-B, 323, 504, 506 I.P.C., police station Kasna, District Gautambudh Nagar as well as order dated 9.10.2018 issuing NBW against the applicants.
Learned counsel for the applicants submits that the applicant nos. 1 & 2 and opposite party no.2 are property dealers and there is dispute between the parties over the transaction of money and civil dispute is going on between them before the competent civil court, hence the opposite party no.2 filed the present complaint for malicious prosecution of the applicants. He submits that the dispute, if any,is purely civil in nature.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List thereafter.
Till the next date of listing, further proceedings against the applicant nos. 1 & 2 of the aforesaid case shall remain stayed.
Order Date :- 30.10.2018 IA