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PRAKASH CHAND GANGWAR AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Prakash Chand Gangwar And Another v. State Of U.P. And Others - APPLICATION U/s 482 No. 12340 of 2005 [2005] RD-AH 2353 (5 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the accused applicants has contended that opposite party no. 2 has filed a criminal complaint against applicant with false allegation alleging that the accused fabricated the resignation letter of Dinesh Gupta and terminated his life membership and also removed him from the post of manager in the Prabandh Samiti of Sri Lal Bahadur Shastri Junior High School, Shivariya.

Learned counsel for the accused applicants has further contended that civil suit is also pending and as per relief 'B' of the civil suit, opposite party no. 2 has claimed a declaration that the alleged resignation letter is forged and fictitious. But the pendency of civil suit does not bar the criminal trial. Criminal Court is to be proceed independently and in the circumstances, I do not find any reason to interfere in the summoning order dated 3.2.2001.

In the circumstances, the application under Section 482 Cr.P.C. is devoid of any merits and is liable to be dismissed.

The application is hereby dismissed. However if the applicants surrender in the Trial Court and pray for bail by 20.9.2005, their bail application shall be heard expeditiously and till 20.9.2005 no coercive steps shall be taken against the applicants.

Dated: 5.9.2005

RKS/12340/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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