Girish Chandra And Another vs State Of U.P. & 2 Others
2015 Latest Caselaw 358 ALL

Citation : 2015 Latest Caselaw 358 ALL
Judgement Date : 5 May, 2015

Allahabad High Court

Girish Chandra And Another vs State Of U.P. & 2 Others on 5 May, 2015

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- APPLICATION U/S 482 No. - 12079 of 2015
 

 
Applicant :- Girish Chandra And Another
 
Opposite Party :- State Of U.P. & 2 Others
 
Counsel for Applicant :- R.C. Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

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

This application under Section 482 Cr.P.C. has been filed with a prayer to stay the further proceedings of Case No. 226 of 2015, State Vs. Girish Chandra and Another, Crime No. 105 of 2013, under Sections 504, 506 I.P.C. and 198A(2) of Z.A. & L.R. Act and Section 3(1)IV SC/ST Act, Police Station Ounchha, District Mainpuri, pending in the court of Judicial Magistrate Ist, as well as with a further prayer to quash the charge sheet No. 7/2014 dated 10.06.2014.

Learned counsel for the applicants contend that they are in possession of the plot in question which was granted to their fore-fathers on a Gata. It is contended that O.S. No. 547 of 2013 for permanent injunction is already pending inter parties and that apart from the above consequent to the name of Gaon Sabha being recorded over the plots in question in the revenue records, the applicants have also instituted a suit under Section 229B of the Act, 1950. He submits that the provision of Section 198A of the Act, 1950 would clearly not be attracted inasmuch as it cannot be said that the land has been illegally occupied by them.

The matter requires consideration.

Issue notice to the respondent nos. 2 and 3 returnable within six weeks.

The A.G.A. as well as the noticed opposite parties may file their replies within the aforesaid period.

Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.

This matter shall not be treated as tied up or part heard to this Bench.

In the meanwhile and until further orders of this Court, further proceedings in Case No. 226 of 2015, State Vs. Girish Chandra and Another, Crime No. 105 of 2013, under Sections 504, 506 I.P.C. and 198A(2) of Z.A. & L.R. Act and Section 3(1)IV SC/ST Act, Police Station Ounchha, District Mainpuri, pending in the court of Judicial Magistrate Ist shall remain stayed.

Order Date :- 5.5.2015

Arun K. Singh