Heard the learned counsel for the applicant and the learned AGA .
The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer that the proceedings of Complaint Case No. 366 of 2008 (Smt. Baby Rani Vs. Shashank Paliwal), under Sections 420, 406, 504, 506 I.P.C. and 3 (1) (10) SC/ST Act, P.S. Hariparwat, District Agra, pending in the court of Ist Additional Sessions Judge (S.D.), Agra be quashed.
It is contended by the learned counsel for the applicant that a civil dispute regarding sale of immovable property has been dragged maliciously into criminal offence when, in fact, there is no mens rea. There are allegations which do not make out any offence at all.
The applicant is directed to serve respondent No. 2 through RPAD within a week from today. The respondent No. 2 as well as the learned AGA are directed to file counter affidavit within three weeks.
List this case in the week commencing 16th August, 2010 before the appropriate Court.
Till the next date of listing, further proceedings of the aforesaid Complaint Case No. 366 of 2008 (Smt. Baby Rani Vs. Shashank Paliwal), under Sections 420, 406, 504, 506 I.P.C. and 3 (1) (10) SC/ST Act, P.S. Hariparwat, District Agra, pending in the court of Ist Additional Sessions Judge (S.D.), Agra shall remain stayed against the applicant.
Order Date :- 28.6.2010 vinay