Heard learned counsel for the applicant and learned A.G.A. for the State.
Issue notice to opposite party no.2 returnable at an early date.
Counter affidavit may be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week, thereafter.
List after expiry of the aforesaid period.
By means of this application, the applicant has invoked the inherent jurisdiction of this Court under section 482 Cr.P.C. with a prayer to quash the charge sheet filed in Criminal Case No. 717/2010 under section 406/420 IPC, P.S. Baddupur, District Barabanki.
The submission of the applicant's counsel is that indisputedly the applicant and opposite party no.2 had taken agricultural loan from the Bank for the purchase of tractor, trolley and other agricultural equipments and mortgaged their property and they are joint owners of the same. There appears to be some dispute in respect of payment of loan amount and possession of tractor etc., which is of civil nature and no offence of section 406 or 420 IPC is prima facie made out agaisnt the applicant.
In view of the aforesaid, till the next date of listing, further proceedings of Criminal Case No. 717/2010 pending in the Court of Additional Chief Judicial Magistrate-I, Court no. 25, Barabanki, shall remain stayed.
Order Date :- 28.6.2010 Muk