Court No. - 44
Case :- APPLICATION U/S 482 No. - 29442 of 2018 Applicant :- Neeraj Pal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. M.I. Farooqui, learned counsel for the applicants and learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 10.07.2017 passed by the Additional Chief Judicial Magistrate, Court No. 2, Saharanpur, in Complaint Case No. 5479 of 2016 (Vijendra Kumar Vs. Raghveer Pal), under section 379 IPC, P.S. Janakpuri, District Sahranpur, as well as the order dated 24.07.2018, passed by the Additional Sessions Judge, Court No. 10, Saharanpur, in Criminal Revision No. 60 of 2018, whereby the aforesaid criminal revision preferred against the summoning order dated 10.07.2017 has been dismissed. The applicants have also challenged the entire proceedings of the above mentioned complaint case.
Learned counsel for the applicants submits that some of the co- accused filed Application U/S 482 No. 28783 of 2018 (Raghuveer Pal & Another vs. State of U.P. & Another), wherein this Court passed the interim order dated 11th September, 2018.
For ready reference, order dated 11th September, 2018 is reproduced herein-under:
"Supplementary affidavit filed today on behalf of the applicants is taken on record.
At the very outset, learned counsel for the applicants seeks permission of the Court to correct the description of the applicant No. 2 as inadvertently he has been described as Pawan Lal instead of Dr. Pawan Lal. He, therefore, submits that permission be accorded to correct the cause title. Prayer made for is allowed.
Let necessary correction be made during the course of the day.
Heard Mr. M.I. Farooqui, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 10.07.2017 passed by the Additional Chief Judicial Magistrate, Court No. 2, Saharanpur, in Complaint Case No. 5479 of 2016 (Vijendra Kumar Vs. Raghveer Pal), under section 379 IPC, P.S. Janakpuri, District Sahranpur, as well as the order dated 24.07.2018, passed by the Additional Sessions Judge, Court No. 10, Saharanpur, in Criminal Revision No. 60 of 2018, whereby the aforesaid criminal revision preferred against the summoning order dated 10.07.2017 has been dismissed. The applicants have also challenged the entire proceedings of the above mentioned complaint case.
Learned counsel for the applicants submits that the present applicants are the owners of the shop in which the opposite party No. 2 is running a catering business. Learned counsel for the applicants submits that the opposite party No. 2, who is the tenant of the applicants has committed default in the payment of rent and when the arrears of rent was demanded, the opposite party No. 2 has initiated the present criminal proceedings. The case set up in the complaint is not sustainable in law, as the alleged agreement to sell alleged to have been entered between the parties is an unregistered document. Therefore, the averments made in he complaint that a sum of Rs. 3 lakh was paid by the complainant to the applicants as earnest money pursuant to the alleged agreement to sell is not believable. He has invited the attention of the Court to the judgement of the Apex Court in the case of Amit Kapoor Vs. Ramesh Chandra and another, reported in 2012 (9) SCC, 460, and on the basis thereof he submits that not only the summoning order, but the complaint itself is liable to be quashed in its entirety.
Having heard the learned counsel for the applicants and the learned A.G.A. for the State and upon perusal of the material brought on record, the matter requires consideration.
Notice on behalf of the opposite party No. 1 has been accepted by the learned A.G.A.
Issue notice to the opposite party No. 2 calling upon him to file a counter affidavit.
All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.
List on the date fixed in the notice.
Till the next date of listing, further proceedings of the above mentioned complaint case shall remain stayed."
In view of the reasonings recorded in the order dated 11th September, 2018 as well as the judgment of the Apex Court in the case of Vishnu Traders vs. State of Haryana And Others; 1995 Supp (1) SCC 461, the same interim protection is also extended to the present applicants.
Connect with Application U/S 482 No. 28783 of 2018 (Raghuveer Pal & Another vs. State of U.P. & Another).
Notice on behalf of opposite party no.1 has been accepted by the learned A.G.A.
Issue notice to the opposite party no.2 calling upon him to file counter affidavit.
Both the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.
List this case for admission on the date fixed in the notice along with Application U/S 482 No. 28783 of 2018 (Raghuveer Pal & Another vs. State of U.P. & Another).
Till the next date of listing, further proceedings of the above mentioned complaint case shall remain stayed.
(Rajeev Misra, J.) Order Date :- 13.9.2018 Sushil/-