SHAURABH KHAMKA AND ORS. Vs. SHAMBHOO SHARAN SANJEEV KUMAR
LAWS(ALL)-2010-9-431
HIGH COURT OF ALLAHABAD
Decided on September 06,2010

Shaurabh Khamka And Ors. Appellant
VERSUS
Shambhoo Sharan Sanjeev Kumar Respondents

JUDGEMENT

Rajesh Dayal Khare, J. - (1.) SRI Surendra Kumar Singh, learned Counsel, has put in appearance on behalf of applicants by way of filing his parcha today in the Court which is taken on record.
(2.) HEARD learned Counsel for the applicants and learned A.G.A. Another Bench of this Court vide its order 05.07.1991 had issued notice and stayed the further proceedings of Case Crime No. 131 of 1991, pending before learned Munsif Magistrate, District Farrukhabad at Fatehgarh.
(3.) THE present 482 Cr.P.C. petition has been filed for quashing the quashing the proceedings arising out of Case Crime No. 131 of 1991, under Sections 409, 418, 420, 504, 506 I.P.C., Police Station Qayamganj, District Farrukhabad, pending before learned Munsif Magistrate, District Farrukhabad at Fatehgarh. It is contended by learned Counsel for the applicants that the cause of action arose at District Kanpur, therefore, the Court at District Farrukhabad has no jurisdiction to try the case. It is further contended that the matter is purely of civil nature and initiation of Criminal proceedings against the applicants is bad in law. It is next contended by learned Counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.;


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