Dismissed

Smt. Ramvati v. State of U.P. and 3 Others

Allahabad HC18 Aug 2023CRLA/6056/2023

Case brief

AI extract

What is this about?

In this criminal appeal, the Allahabad High Court rejected an appeal filed against an order refusing a police report under Section 156(3) Cr.P.C. The court held that a notary affidavit is insufficient to establish ownership of disputed land, and without legal documents of title, the appellant cannot claim ownership. The appeal was dismissed as without merit.

What did the court decide?

The appeal filed against the order rejecting the application under Section 156(3) Cr.P.C. is dismissed.

Smt. Ramvati Vs State of U.P. and 3 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:166192

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Court No. - 84

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Case :- CRIMINAL APPEAL No. - 6056 of 2023

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Appellant :- Smt. Ramvati Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Chandra Dutt Counsel for Respondent :- G.A.,Amit Tiwari

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 to 4 and perused the record.

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This is an appeal filed against the order dated 03.02.2023 passed by the Special Judge (SC/ST Act), Kanpur Dehat in Criminal Misc. Case No. 416 of 2022 (Smt. Ramvati Vs. Gopal and others) in the proceeding under Section 156(3) Cr.P.C. Police Station Ghatampur, District Kanpur Nagar.

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By the impugned order the application under Section 156 (3) Cr.P.C. dated 03.08.2022 of the appellant was rejected.

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It is argued by the learned counsel for the appellant that the appellant purchased the impugned land from the opposite party no. 2 and got constructed her house. When she was out for six months and came back on 26th February, 2022 her house was illegally encroached upon by the opposite parties. The S.D.M., Ghatampur has also passed an order in this regard not to dispossess the appellant from the property in dispute. A civil suit of the appellant is also pending before the competent court. Hence, prayer is made accordingly.

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Learned counsel for the opposite party nos. 2 to 4 opposed the prayer and submitted that opposite party no. 3 - Neelam had lodged an FIR against the present appellant and 14-15 unknown persons on 28.05.2022 with regard to incident dated 24.05.2022 that the present appellant tried to encroach upon the ancestral house of the opposite party no. 3 on 24.05.2022 along with 1415 unknown persons and after this FIR the present application was moved by the appellant with ulterior motive.

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From the perusal of the record, it is found that from the application under Section 156 (3) Cr.P.C. itself the matter appears to be of ownership of the property mentioned in the application. Regarding ownership of that land, the appellant claims a notary affidavit in her favour. Admittedly, on the basis

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of notary affidavit, the ownership cannot be said to be transferred in favour of any person. If the appellant is not having any legal document of ownership of the disputed land, in the opinion of the court, she cannot claim ownership on the disputed land. The trial court has rightly rejected her application under Section 156 (3) Cr.P.C. There is no merit in the appeal.

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The appeal is hereby dismissed .

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Order Date :- 18.8.2023 gp

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Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad

Smt. Ramvati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Ramvati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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