Court No. - 17
Case :- APPLICATION U/S 482 No. - 35386 of 2018 Applicant :- Shahzeb Khan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Saleem Khan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Saleem Khan, learned counsel for the applicant and Sri Ankit Srivastava, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceeding of case no. 1167 of 2018 (State Vs. Shahzeb Khan), arising out of Case Crime No. 634 of 2017, u/s 406 IPC, P.S. Ganj, District Rampur, pending in the court of Additional Chief Judicial Magistrate, Rampur, as well as charge sheet no. 01 dated 30.11.2017 along with summoning order dated 29.5.2018.
Learned counsel for the applicant has contended that there was business transactions between the accused-applicant and the opposite party no. 2 and some amount is alleged to be due to be paid from the side of the accused- applicant but in fact he had paid entire amount, which was due and yet the present F.I.R. has been lodged with a view to extracting some more money from the applicant. He further submitted that no offence u/s 406 IPC is made out as there was no entrustment of any article/money to the accused-applicant by the opposite party no. 2. Dispute is of purely civil nature.
Matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party no. 1.
Issue notice to the opposite party no. 2, returnable at an early date. Steps be taken within a week.
List this case on 30.11.2018 before appropriate regular Bench, by the next date, both the O.Ps. shall file counter affidavits.
No coercive measures shall be taken against the accused-applicant till the next date of listing.
Order Date :- 12.10.2018 A.P. Pandey