Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 17071 of 2009, under Sections 420, 406, 448 and 120-B I.P.C., Police Station Indrapuram, District Ghaziabad, pending before learned Chief Judicial Magistrate, District Ghaziabad as well as for quashing of charge sheet dated 26.06.2009.
It is contended by learned counsel for the applicants are the tenants of the premises in question and when Smt. Siddhi Devi wanted to get the said premises vacated, the applicants filed Original Suit No. 2156 of 2008, in which, an interim order was granted by learned Civil Judge (Senior Division), District Ghaziabad on 02.04.2009, copy of which, is annexed as Annexure-8 to thepetition. It is further contended that after passing of the aforesaid order, the criminal prosecution has been launched which is nothing but gross misuse of the process of the Court. It is next contended that civil matter has been dragged into criminal prosecution of the applicants at the behest of the opposite party no.2 which is bad in law. Learned counsel for the applicants has relied upon a Judgement of Hon'ble Apex Court reported in 2008 (1) JIC 737 Indra Mohan Goswami and others Vs. State of Uttranchal in support of his contention.
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.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 11.1.2010 S.Ali