Disposed

Ram Nath Giri v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC22 Apr 2024A482/3644/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad, Lucknow Bench heard an application under Section 482 Cr.P.C. to quash a charge sheet. The court issued notice to the third respondent/filed third party and stayed proceedings against the applicant until next date.

What did the court decide?

Stayed proceedings against the applicant in the underlying case pending return of notice to the third respondent and filing of counter affidavit.

Ram Nath Giri vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3644 of 2024

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Applicant :- Ram Nath Giri Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Vinay Kumar Tiwari,Pallavi Vatsala Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Vinay Kumar Tiwari, Advocate alongwith Ms. Pallavi Vatsala, learned counsel for the applicant and Sri K.K. Chaturvedi, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet no.01/2023 dated 22.03.2023 including summon dated 17.01.2024 arising out of Case Crime No.0036 of 2023, under Section 2, 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Bazar Shukul, District Amethi.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. As per the version of the F.I.R., the applicant was encroaching on Gram Sabha land (Abadi) whereas this fact is totally wrong and the applicant as the applicant is in possession of his own land and the Gram Sabha land is adjoining to the applicant's land. The applicant has not encroached any Abadi land or any Gram Sabha land. Thus, the entire story as developed by the Lekhpal is only with intention to falsely implicate the applicant as he was having enmity with the applicant due to village rivalry.

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Learned counsel for the applicant further submits that even though the case of the prosecution is considered to be true then also the remedy is not lodging of the first information report under Section 2, 3 of the Prevention of Damage to Public Property Act, 1984 but to initiate proceedings under Section 47 of the Uttar Pradesh Revenue Code-2006, which has not been done by the opposite party no.2 and a shortcut method has been adopted by lodging of the first information report, which is nothing but an abuse of process of law.

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Learned counsel for the applicant has also placed reliance upon a judgment rendered by this Court in the case of Munshi Lal and Another Vs. State of U.P. and Another, AIRONLINE 2020 ALL 1765 and submits that his case is totally covered with the aforesaid case. Thus, he prays for interim relief.

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The matter requires consideration on the fact and law both.

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Learned A.G.A. has accepted notice on behalf of the State i.e. opposite party no.1.

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Issue notice to the opposite party no.2 through R.P.A.D. returnable at an early date.

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Steps in this regard be taken within ten days from today.

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Learned A.G.A. as well as opposite party no.2 may file counter affidavit within four weeks. Rejoinder affidavit may also be filed within two weeks thereafter.

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Put up this case on 08.08.2024.

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Till the next date of listing the proceedings of Case Crime No.0036 of 2023, under Section 2, 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Bazar Shukul, District Amethi shall remain stayed in respect of the applicant.

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Order Date :- 22.4.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ram Nath Giri v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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Ram Nath Giri v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

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