NIWAS DAGA Vs. TIWASHI SRIVASTAVA, JUDICIAL MAGISTRATE

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri Manish Goyal, learned Additional Advocate General, appearing for the opposite party.

(2.) The instant contempt petition has been filed on the allegation of wilful and deliberate disobedience of the order dated 12 November 2009 passed in Application U/S 482 No. 16108 of 2009 (Shri Niwas Daga Versus State of U.P. and another). The order reads thus:

(3.) The facts, briefly stated, is that an F.I.R. was registered against the applicant and two other persons on 23 December 2017. The allegation against the applicant was that an agreement to sale was executed by him in collusion with one of the accused, thereby, he tried to dispose of the property of the complainant. Upon investigation, charge sheet was submitted before the Court of Judicial Magistrate, Court No. 2, Varanasi. Learned Magistrate took cognizance on the charge sheet on 12 January 2009. Petition under Section 482 Cr.P.C. was instituted assailing the cognizance/ summoning order and the charge sheet, wherein, the order dated 12 November 2009 came to be passed by this Court.