Hari Mohan And Another vs State Of U.P. & Another
2015 Latest Caselaw 1315 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- APPLICATION U/S 482 No. - 19707 of 2015
 

 
Applicant :- Hari Mohan And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Durga Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

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

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case No.394 of 2013, Case Crime No. 2 of 2013, under Section 447 I.P.C. 3/5 Prevention of Damage to Property Act, P.S. Manda, District Allahabad.

Learned counsel for the applicants has referred to the contents taken in paragraph 9 of the Affidavit filed in support of this application that till date no proceeding under Section 122(B) of U.P.Z.A. & L.R. Act, 1950, has been taken against the applicants. It is further contended that the applicants have occupied the land in question prior to the Act, 1950.

The matter requires consideration.

Issue notice to opposite party no.2 returnable within six weeks at the address given in the application.

Opposite party no.2 may file counter affidavit within six weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.

List immediately after expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicants.

Order Date :- 16.7.2015

AHN