Allowed

Lakhan v. State of U.P. and Another

Allahabad HC23 Aug 2024A482/27762/2024

Case brief

AI extract

What is this about?

The applicant sought quashing of criminal proceedings (charge-sheet and summoning order) alleging encroachment on public land. The High Court quashed the proceedings under Section 482 CrPC, observing that the matter relates to encroachment which should be adjudicated under the U.P. Revenue Code, 2006, through civil and revenue channels.

What did the court decide?

The impugned charge-sheet dated 23.3.2023 and summoning order dated 22.12.2023 as well as entire proceedings of Criminal Case No.4934 of 2023 are quashed. The Revenue Authorities are directed to proce

Lakhan vs State of U.P. and Another — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136120

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 27762 of 2024

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Applicant :- Lakhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record.

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The instant application has been preferred with the prayer to quash the impugned charge-sheet dated 23.3.2023 and summoning order dated 22.12.2023 as well as entire proceedings of Criminal Case No.4934 of 2023 titled as State v. Gupal and others, arising out of Case Crime No.0114 of 2023, under section 447 IPC and section 2/3 of Prevention of Damage to Public Property Act, Police Station Mauranipur, District Jhansi.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case due to ulterior motive; the present case pertains to encroachment on the public land, and for removal of encroachment appropriate remedy lies under the U.P. Revenue Code, 2006, and lodging the instant FIR is an abuse of process of law; the land in question has been purchased by the applicant in his wife's name from Gata No.829 admeasuring 0.089 hectare, and a construction has been carried out over there; the informant - Lekhpal- has falsely implicated the applicant in the instant FIR on the basis of false and concocted facts. The report of Lekhpal suggests that a case is already registered before the court of Tehsildar bearing Case No.1489 of 2023 titled as Gaon Sabha v. Lakhan, under section 67 of the U.P. Revenue Code against the applicant. He further submits that for the same incident two cases have been initiated against the applicant, one by the prosecution and the other by the Revenue Authorities. He has drawn attention of the Court to the order dated 18.6.2024 passed by learned Judicial Magistrate in respect of Gata No.829 recording that the Lekhpal in his statement could not tell about the dimension of the alleged encroached land of Gata No.829, therefore, it cannot be ascertained whether the applicant has encroached upon the public land or not. The present proceeding is nothing, but an abuse of

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process of the law, and therefore, the aforesaid proceedings is liable to be quashed.

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Learned A.G.A. could not dispute the aforesaid facts, and he has conceded that it is the Revenue Authority to look into the matter primarily to establish the fact of encroachment.

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I have heard the submissions advanced by learned counsel for the parties, and have gone through the record. Prima-facie , it's apparently reflects that the present matter relates to the encroachment upon a public land by the applicant, and for removal of encroachment, the remedy lies under the U.P. Revenue Code, 2006. Additionally, the civil proceedings are pending disposal before the civil court and Lekhpal has stated that he could not tell about the extent of encroachment and other details in this regard.

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In view of the foregoing discussions, particularly keeping in view the findings of fact, the impugned charge-sheet dated 23.3.2023 and summoning order dated 22.12.2023 as well as entire proceedings of Criminal Case No.4934 of 2023 titled as State v. Gupal and others, arising out of Case Crime No.0114 of 2023, under section 447 IPC and section 2/3 of Prevention of Damage to Public Property Act, Police Station Mauranipur, District Jhansi, against the applicant, are hereby quashed.

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However, it is provided that the Revenue Authorities may proceed in accordance with the provisions of the Uttar Pradesh Revenue Code, 2006 to ascertain the exact demarcation of the alleged Gata No.829 in which the applicant is alleged to have encroached upon.

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The instant application is allowed, accordingly.

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Order Date :- 23.8.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Lakhan v. State of U.P. and Another

Case brief

What is this about?

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Lakhan v. State of U.P. and Another

Case brief

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