Shobhnath Alias Sobhnathan vs State Of U.P. And 2 Others
2015 Latest Caselaw 5031 ALL

Citation : 2015 Latest Caselaw 5031 ALL
Judgement Date : 3 December, 2015

Allahabad High Court

Shobhnath Alias Sobhnathan vs State Of U.P. And 2 Others on 3 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 28506 of 2015
 
Petitioner :- Shobhnath Alias Sobhnathan
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ashok Kumar Dwivedi,Deepankar Dwivedi
 
Counsel for Respondent :- G.A.
 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

It is submitted by the learned counsel for the petitioner that the impugned F.I.R has been lodged by respondent no.3 during pendency of the proceedings under section 122-B of U.P.Z.A. and L.R. Act against the petitioner on the allegation that the petitioner has encroached upon the chakroad. The issue is whether the land in dispute is gramsabha property or not, is engaging attention of the concerned Tehsildar in the aforesaid proceedings under section 122-B of U.P.Z.A. and L.R. Act. Next submission of learned counsel for the petitioner is that in view of the above the prosecution of the petitioner in the present case is nothing but abuse of process of law.

The submissions made by learned counsel for the petitioners, prima facie, appears to be correct. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 3, who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter immediately after eight weeks before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned FIR dated 10.09.2015 registered as Case Crime no.65 of 2015, under sections 2/3 Prevention of Damage to Public Property Act, Police Station Mehnajpur, District Azamgarh.

Order Date :- 3.12.2015/RU