Kunwar Bahadur Singh And Ors. ... vs The State Of U.P And Anr.
2013 Latest Caselaw 821 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1638 of 2013
 

 
Petitioner :- Kunwar Bahadur Singh And Ors. (Complaint Case)
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Sheo Prakash Singh
 
Respondent Counsel :- Govt. Advocate,Gauri Prakash Mishra
 

 
Hon'ble Ajai Lamba,J.

1.  Learned counsel for the petitioner contends that there has been a dispute in regard to  common land on which a chabootara has been built.

2.  Learned counsel for the petitioner has pointed out that the respondent no.2 and others wanted to raise construction on the said land, in regard to which against them a complaint was made to the District Magistrate vide complaint dated 03rd of April, 2012, placed on record as Annexure-8, at the instance of Kunwar Bahadur Singh, petitioner no.1.  A report dated 26.4.2012 has been received from the authorities.  It has been found that by the respondent no.2 and others an attempt was being made to raise construction over the said land and it could be stopped only with police help.

3.  Learned counsel for the petitioner further contends that because petitioner no.1 had made a complaint against the respondent no.2 and others, the impugned complaint has been made by respondent no.2, without disclosing all correct facts.  Petitioners have been summoned to stand trial for commission of offence under Sections 147/323/452/379/427 I.P.C. in regard to a fabricated incident.  Revision petition of the petitioners against the summoning order has been dismissed.

4.  Learned counsel also contends that if the proceedings are allowed to go on, the interest of justice would suffer.  Petitioner no.1 has done his duty as citizen on finding encroachment on  common land.  A man such as the petitioner would be discouraged in reporting the encroachment, if the criminal proceedings are allowed to go on against the petitioner.

5.  At this stage, Sri Bhupendra Nath Tripathi, Advocate, has put in appearance for respondent no.2 on behalf of Sri G.P. Mishra, Advocate.

6.  List on 20.5.2013.

7.  In the meantime, counter affidavit be filed within two weeks.  Rejoinder affidavit, if any, be filed within two two weeks thereof.

8.  Till the next date of listing, further proceedings regarding the petitioners in Complaint Case No.136 of 2012, Mohan Lal v. Kunwar Bahadur Singh and others, P.S. Lalganj, District Rae Bareli, are hereby stayed.

Order Date :- 12.4.2013

A.Nigam