ADESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicants Adesh Kumar, Vijay Singh, Suneel and Shree Niwas with a prayer to quash the charge-sheet dated 14.8.2008 in case crime No. 897 of 2008 P.S. Jansath, District Muzaffarnagar and the proceedings arising out of the charge-sheet pending in the Court of learned Addition Chief Judicial Magistrate 1st, Muzaffarnagar in criminal case No. 3821/9 of 2008 under sections 420, 467, 468 and 471I.P.C.

(2.) THE facts, in brief, of this case are that the FIR of this case has been lodged by O.P. No. 2 Ram Pal on 14.9.2008 at 1.30 P.M. in respect of the alleged incident dated 11.6.2008 alleging therein that by playing a fraud after providing liquor to the first informant, he was taken to Tehsil Jansat on the pretext of obtaining the money as accident claim, where a sale deed was executed and no consideration of al leged sale was given to O.P. No. 2, after investigation, the I.O. has submitted the charge-sheet against the applicants on which the learned Magistrate concerned has taken the cognizance and summoned the applicants to face the trial.

(3.) IT is further contended by learned Counsel for the applicants that O.P. No. 2 has filed Original Suit No. 325 of 2008 against the applicant Adesh Kumar in whose favour the sale deed was executed, for cancellation of the sale deed in the Court of Civil Judge (Junior Division) Mu zaffarnagar, the same is pending. During pendency of the civil suit, the submission of the charge-sheet is illegal. The issue in volved in the present case, is purely of civil in nature, therefore, the prosecution of the applicants is illegal. The charge-sheet submitted against the applicants and the further proceedings arising out of the charge-sheet, pending in the Court of learned A.C.J.M. 1st, Muzaffarnagar in criminal case No. 3821/9 of 2008 may be quashed.