Application under Section 482 Cr.P.C. filed to quash FIR and proceedings alleging illegal construction. Court refused quash due to lease non-inheritability and factual discrepancy on land identity but directed bail consideration.
Application disposed of; bail application directed to be considered expeditiously.
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Neutral Citation No. - 2024:AHC-LKO:25073
Court No. - 27
Case :- APPLICATION U/S 482 No. - 2633 of 2024
Applicant :- Mangal Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Vaibhav Upadhyay,Devendra Kumar,Mohd. Shahid Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
filed a suit under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act in the court of Sub Divisional Magistrate, Lucknow, which is still pending.
Order Date :- 21.3.2024 Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the proceedings under alleged illegal construction of Samadhi on public land can be quashed given the lack of evidence regarding the continuity of the grandfather's lease.
Whether the leased property granted to the grandfather in 1966 constitutes valid grounds to challenge the FIR as the lease is not inheritable.
How the High Court shall proceed regarding the applicants' bail application filed after the ordering of this application.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. C.B.I.Referred¶13
Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773 · Who else cites this
3 provisions across 3 enactments
Mangal Singh
2 Others
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
