The Court disposed of a writ petition challenging an FIR for妨atting trees on disputed bhumidhar land. It disposed of the matter without expressing an opinion on merits
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16398 of 2020
Petitioner :- Rakesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Upadhyay Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A. for the Staterespondents.
This writ petition has been filed praying for the following relief.:-
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 30.10.2020 in Case Crime No. 325 of 2020, under Sections 147, 352, 353 I.P.C. and 4/10 U.P. Protection of Trees in Ruler and Hileria Act 1976, Police Station Shamshabad, District Fatehgarh.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 not to arrest the petitioners in pursuance of the impugned FIR dated 30.10.2020 in Case Crime No. 325 of 2020, under Sections 147, 352, 353 I.P.C. and 4/10 U.P. Protection of Trees in Ruler and Hileria Act 1976, Police Station Shamshabad, District Fatehgarh ".
Briefly stated facts of the present case are that the petitioners are Sankarmariya Bhumidhar of Khasra Plot Nos. 122, 150, 151,152,162 and 164 of village Jatpura, Pargana Shamsabad Paschim, Tehsil Kayamganj, District Farrukhabad. According to the petitioners, the Forest Department has started making pits in their Bhumidhar land and also attempted to make plantation. Consequently, the petitioners filed on 29.09.2020 an injunction Suit No. 260 of 2020 (Sant Kumar and 9 others Versus State of U.P. and 5 others) in the Court of Civil Judge (Junior Division), Kayamganj, District Farrukhabad. In the aforesaid suit, the petitioners also prayed for grant of damages to the extent of Rs. 2,00,000/-, for the damages caused by the Forest Department to the crops of the petitioners. Thereafter, Beat Prabhari lodged the impugned FIR dated 13.10.2020 without any whisper that in which plots the forest department attempted to do plantation .
As per instructions dated 05.02.2021,received by the learned A.G.A. from the Sub Divisional Magistrate, Tehsil Kayamganj, District Farrukhabad, the aforesaid Khasra-Plot No.122, 150, 151,152,162 and 164 are owned by the petitioners. It has also been mentioned in the instructions that the Forest Department has undertaken the plantation in other Khasra Plots, which are recorded in the revenue record as " Gangaji" and submerged land "Jalmagn Bhumi".
As per short counter affidavit dated 25.01.2021 filed on behalf
of the respondent no.3, charge sheet dated 05.12.2020 has been submitted in relation to the impugned FIR.
In view of the facts briefly noted above and without expressing any opinion on merits of the case of the petitioners, writ petition is disposed of , leaving it open to the petitioners to avail such remedy as may be available to them under law including filing of an application under Section 438 Cr. P.C. and application for demarcation under the provisions of the U.P. Revenue Code, 2006.
Order Date :- 8.2.2021 T.S.
3 issues framed by the court
Whether to quash the FIR under Sections 147, 352, 353 I.P.C. and the U.P. Protection of Trees Act for alleged plantation on bhumidhar land.
Whether to issue a writ of mandamus commanding respondents not to arrest the petitioners in pursuance of the FIR.
Whether woodlands of disputed status constitute a triable offence warranting quashing under Article 226.
2 provisions across 2 enactments
Rakesh Kumar And Another
State Of U.P.
3 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
