Anil Kumar Singh And 2 Ors vs State Of U.P. And Anr
2019 Latest Caselaw 227 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 
Case :- APPLICATION U/S 482 No. - 6850 of 2019
 

 
Applicant :- Anil Kumar Singh And 2 Ors
 
Opposite Party :- State Of U.P. And Anr
 
Counsel for Applicant :- Dharmendra Prasad Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.

The submission of the learned counsel for the applicants is that the complaint was filed against six persons including the applicants. In complaint then Tehsildar, Lekhpal and police Chowki in-charge were also made accused but the applicants have only been summoned to face the trial. In fact, the opposite party no. 2 has encroached the land of plot no. 419 which belongs to the Goan Sabha and proceeding under section 122B of U.P.Z.A. & L. R. Act 1950 was also initiated against the opposite party no. 2 and he has been dispossessed from the Goan Sabha land. The illegal construction was made by the opposite party no. 2 in way on the land of Goan Sabha which was demolished by the Government authority. The applicants have no concern with the alleged incident. The applicants have falsely been implicated in the present case. No offence is made out against the applicants. The present prosecution has been instituted only for the purpose of harassment.

The matter requires for consideration.

Learned A.G.A has accepted notice on behalf of opposite party no. 1 State.

Issue notice to the opposite party no. 2,who may file counter affidavit within a period of four weeks.

Rejoinder affidavit may be filed within one week thereafter.

List thereafter.

Till the next date of listing no coercive action shall be taken against the applicants in Complaint Case no. 1289 of 2016 (Ramsamujh Vs. Anil Kumar Singh and others) under section 323, 504, 506, 452, 427 IPC P.S. Cantt, District Varanasi pending in the court of Additional Chief Judicial Magistrate Court no. 9, Varanasi.

Order Date :- 26.2.2019/A.