Vishambhar @ Vishambhar Singh vs State of U.P. Thru. Secy. Home Lko. and Another

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1701 of 2024

Appellant :- Vishambhar @ Vishambhar Singh Respondent :- State Of U.P. Thru. Secy. Home Lko. And Another

Counsel for Appellant :- Anurag Narain Srivastava,Shailendra Kumar Misra,Vartika Pandey Counsel for Respondent :- G.A.

Hon'ble Saurabh Lavania,J.

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Issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

In the meantime, learned AGA is directed to inform opposite party No. 2 about pendency of present appeal through concerned police officer and file response in this appeal alongwith proof of service of notice upon opposite party No. 2 by way of an affidavit.

Taking note of the facts, as stated, that a Regular Suit No. 1113 of 2021 was filed by six persons including the complainant (plaintiff No. 2) seeking decree of perpetual injunction impeading the appellant as defendant and the application for temporary injunction filed in the said suit was rejected by the trial court on 15.12.2021 and thereafter, the appeal i.e. Civil Misc. Appeal No. 15/2021 filed challenging the order dated 15.12.2021 was also dismissed on 28.02.2022 and also the fact that the complaint was filed on 28.01.2022 and a bare perusal of complaint indicates that dispute relates to a piece of land, this Court is of prima facie view that the opposite party No. 2 wants to convert a civil dispute into criminal offence, as such, the matter requires consideration and appellant is entitled to interim protection.

Accordingly, till the next date of listing, the impugned order dated 09.04.2024 shall remain stayed so far as the appellant herein is concerned.

Order Date :- 23.5.2024 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Vishambhar @ Vishambhar Singh v. State of U.P. Thru. Secy. Home Lko. and Another