Smt. Bhagwati vs State Of U.P. & Others
2017 Latest Caselaw 4966 ALL

Citation : 2017 Latest Caselaw 4966 ALL
Judgement Date : 4 October, 2017

Allahabad High Court

Smt. Bhagwati vs State Of U.P. & Others on 4 October, 2017

Bench: Prabhat Chandra Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R.
 
Court No. - 17
 

 
Case :- CRIMINAL REVISION No. - 1977 of 1999
 

 
Revisionist :- Smt. Bhagwati
 
Opposite Party :- State Of U.P. & Others
 
Counsel for Revisionist :- Arun Kumar Tiwari
 
Counsel for Opposite Party :- Govt. Advocate,A.K. Sachan
 

 
Hon'ble Prabhat Chandra Tripathi,J.

Case called out. None responds on behalf of the petitioner/revisionist. Sri A.K. Sachan, learned counsel for the respondents nos.4 to 8 and learned A.G.A. for respondent nos. 1 and 2 are present.

Heard learned counsel for the respondent nos. 4 to 8 and learned A.G.A. for the respondent nos. 1 and 2 and perused the record.

This criminal revision has been filed against the judgement and order passed by learned Fourth Additional District and Sessions Judge, Kanpur Dehat dated 24.8.1999 in Criminal Appeal No.47 of 1998 (Ram Asare & others Vs. State of U.P.), whereby the learned Fourth Additional District and Sessions Judge, Kanpur Dehat has allowed the appeal and has set aside the judgement and order passed by the learned First Additional Chief Judicial Magistrate, Kanpur Dehat dated 7.8.1998 passed in case no.1472 of 1994 (State Vs. Ram Asare & others), under Section 198A of Uttar Pradesh Zamindari Abolition and Land Reforms Act, Police Station Amarahat, Kanpur Dehat.

Learned Fourth Additional District and Sessions Judge, Kanpur Dehat after considering the material, documentary as well as oral evidence on record has passed a cogent and reasonable order.

It has been mentioned in the impugned judgement and order dated 24.8.1999 that no site plan was prepared by the Investigating Officers which may indicate that the accused person were having possession on plot no.58, ad-measuring 6 bighas, 8 biswa. There is no evidence on record that after being evicted from the disputed land accused persons re-occupied the land or any part thereof without lawful authority.

There is no illegality, impropriety and perversity in the impugned judgement and order dated 24.8.1999 passed by learned Fourth Additional District and Sessions Judge, Kanpur Dehat.

This revision is liable to be dismissed on merits.

Dismissed.

Order Date :- 4.10.2017

S.Sharma