Shamim Achchan vs The State Of U.P And Anr.
2012 Latest Caselaw 1937 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1733 of 2012
 

 
Petitioner :- Shamim Achchan
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Manoj Kumar Misra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

while giving sequence of events learned counsel has pointed out that the petitioner was serving as Chairman, Nagar Palika Parishad, Colonelganj, District Gonda.  In discharge of official functions, encroachment was to be removed for which notice was given to various residents, including respondent No.2 (refer Annexure 9 at running page 41 of the paper-book).  Respondent no.2, however, tried to pressurize  the authorities and, therefore, filed an application under Section 156(3) Cr.P.C., in consequence of which F.I.R. was registered.

Initially a chargesheet was filed.  The matter was carried to the court of law, whereupon further investigation was ordered.  On further investigation, it was found that the respondent no.2 was not owner of the land.  Rather, the land was meant for common purposes.  No incident, as alleged, had taken place.  The removal of encroachment was in accordance with law.  Cancellation report was filed that has been placed on record as Annexure-5(refer Page 26 and 27 of the paper-book). 

Learned counsel contends that thereafter cancellation report was filed on 04.3.2006.  On 15.6.2006, protest petition was filed by respondent no.2.  Learned counsel has pointed out that without adjudicating the protest petition, as to whether the cancellation report is to be accepted; whether the case is to proceed as a police case or whether it is to be treated as a complaint case, vide order dated 19.12.2008, the petitioner has been summon to stand trial as an accused.  Learned counsel further contends that such order shall desist honest officers from discharging their official functions.  Petitioner is being victimized only because he performed his duty.  The court of law has not proceeded as per procedure.  Order dated 19.12.2008 has been passed without any application of mind.  By way of this petition, petitioner prays for quashing of the entire proceedings.

Considering the sequence of events, given above, issue notice to respondent no.2 for 07.8.2012.

Further proceedings in this case shall remain stayed till the next date of listing.

Order Date :- 18.5.2012

A.Nigam