Court No. - 44
Case :- APPLICATION U/S 482 No. - 18606 of 2018 Applicant :- Shiv Ji Gupta And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sanjeev Kumar Rai, 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 for the following reliefs:
"PRAYER It is therefore most respectfully prayed that this Hon'ble court may kindly be pleased to Stay the proceeding of Criminal Case no. 2886 of 2014, Meena Devi Versus Yogender & other, P.S. Sahatwar U/S 419, 420, I. P. C. and effect and Operation of impugned summoning order dated 22.09.2015 (Annexure-3) in consequence of complaint during the pendency of instant application and/or pass such other and further order which this Hon'ble Court may deed fit and proper in the circumstances of the case otherwise applicants shall suffer irreparable loss and injury."
From the record, the Court finds that aggrieved by the summoning order dated 22.09.2015, the applicants filed a criminal revision being Criminal Revision No. 182 of 2016 (Shivjee Gupta and another Vs. State of U.P. and another), which was dismissed by means of the order dated 04.05.2018. There is no challenge to the order dated 04.05.2018 passed by the revisional court. Apart from the above, the learned counsel for the applicants submits that the dispute is of a purely civil nature and since the original suit is already pending with regard to the cancellation of the disputed sale deed, the present criminal proceedings cannot continue.
The submission so urged by the learned counsel for the applicants is wholly misconceived in view of the judgement of the Apex Court rendered in the case of Amit Kapoor Versus Ramesh Chander reported in 2012 (9) SCC 460, wherein the Apex Court in paragraph 26 of the said judgement has categorically held that civil and criminal proceedings can continue simultaneously.
Above being the position, no case for interference is made out. The present application fails and is hereby dismissed.
Order Date :- 28.5.2018/YK