Court No. - 73
Case :- APPLICATION U/S 482 No. - 27432 of 2019 Applicant :- Ramayan And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of criminal case no. 757 of 2017, under Sections 420, 504, 506 IPC, pending in the Court of Judicial Magistrate, Mohammadabad, Ghazipur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Submission of learned counsel for the applicants is that applicants no. 1 and 2 purchased a plot from applicant no. 3 in the year 2004. No sale deed was executed by applicant no. 3 after executing the sale deed in favour of the applicants no. 1 and 2. Complaint has also been made by the applicant no. 3 against opposite party no. 2. Offences levelled against the applicants are not made out. Litigation was also started before the revenue court and version of the opposite party no. 2 was not found correct. It is also argued that neither applicants no. 4 and 5 are the witness of first sale deed nor of second sale deed. No specific role has been assigned to applicants no. 1, 2, 4 and 5. Summoning order passed against them is also illegal.
After having very carefully examined the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that there is no justification for staying the proceeding of the aforementioned case in respect of the applicant no. 3. The prayer to that extent on behalf of applicant no. 3 is hereby refused.
However, it is directed that in case applicant no. 3 surrenders before the court below within 30 days from today and apply for bail, the prayer for bail shall be considered and decided in view of the settled law. It is made clear that the applicant no. 3 will not be granted any further time by this Court for surrendering before the Court below as directed above.
So far as applicant nos. 1, 2, 4 and 5 are concerned, it has been contended by learned counsel for the applicants that the allegations levelled against them are wholly vague and no specific allegation has been levelled against them.
Issue notice.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Notice will be issued to opposite party no.2. Steps be taken by registered post A.D. within ten days.
All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case on 12.09.2019 before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case against applicant nos. 1, 2, 4 and 5 shall remain stayed.
It is made clear that proceeding of aforesaid complaint case shall go-on against the applicant no. 3.
Order Date :- 25.7.2019 Ujjawal