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2011 DIGILAW 1133 (ALL)

Waseem Khan v. State of U. P.

2011-05-02

SHRI NARAYAN SHUKLA

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JUDGMENT Hon'ble Shri Narayan Shukla,J. Heard Mr.Waseeq Uddin Ahmad, learned counsel for the petitioners and Mr.Sharad Pathak, learned counsel for respondent No.2 as well as Mr.Rajendra Kumar Dwividi, learned Additional Government Advocate for the State. 2. The petitioners have challenged the proceedings of Criminal Case No.1032 of 2008, pending before the court of Chief Judicial Magistrate, District Sultanpur, on the ground that the facts of the case establish that the dispute is of a civil nature. 3. It is stated that in transaction of goods there was a dispute of payment of price of the goods and since the respondent intended not to pay the price of the goods, he lodged the First Information Report creating a different story of abduction, whereas no such incident took place and in the result false story has been narrated in the First Information Report. 4. On the other hand the learned counsel for the respondent No.2 submits that the transaction of money has no concern with the incident as alleged, though the petitioners lodged one First Information Report for non payment of money, but the respondent was not named therein, rather he pleaded that it is a case of purely abduction. The petitioners also forced him to sign on blank paper to misuse those documents. The deposition of money in the account has also no concern. 5. After hearing both the parties as well as considering the case, I find that several disputed facts are involved to be determined, which can be determined on the basis of evidences adduced therein, therefore, only on the ground that it is a dispute of civil nature, the proceeding of court below, cannot be interfered with. 6. However, it is provided that if the petitioners' appear before the court below within one month and move an application for bail, the same shall be considered and disposed of by the courts below expeditiously. 7. For one month no coercive action shall be taken against the petitioners. 8. In the aforesaid terms the petition is disposed of finally.