Deoraj Singh @ Thakur Singh And 4 ... vs State Of U.P. And Another
2019 Latest Caselaw 1339 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 9824 of 2019
 

 
Applicant :- Deoraj Singh @ Thakur Singh And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anil Kumar Srivastava,Hari Narayan Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Santosh Kumar Pandey, learned counsel filed Vakalatnama on behalf of O.P. No. 2, is taken on record.

Heard learned counsel for the applicants, learned counsel for the O.P. No. 2 as well as learned A.G.A. for the State and perused the record.

It is contended by the learned counsel for the applicants that applicant no. 2 Nitesh Singh has purcahsed Arazi No. 115 area 0.0440 hectare situated at village Auriharkala, Saidpur, District Ghazipur from the recorded tenure holder and the name of applicant no. 2 has mutated over the alleged agricultural land. Possession was also handed over to applicant no. 2 by the benders of land. The O.P. No. 2 has claimed that house and shop of O.P. No. 2 are existing in the alleged land. In fact, the O.P. No. 2 is not the owner of alleged construction. This is a dispute of civil nature. Only to grab the land of applicant no. 2 the O.P. No. 2 has lodged this false and frivolous FIR against the applicants. No such incident has taken place. The present prosecution has been instituted only for the purpose of harassment.

On the other hand learned counsel for the O.P. No. 2 as well as learned A.G.A. argued that the house and shop of O.P. No. 2 is existing on the alleged land.

The matter requires consideration.

Learned A.G.A. has accepted notice on behalf of State/O.P. No. 1.

Learned A.G.A. as well as learned counsel for the O.P. No. 2 may file counter affidavits within a period of four weeks. Rejoinder affidavit may be filed within a week thereafter.

List thereafter before appropriate bench. Till the next date of listing no coercive action shall be taken against the applicants in Case No. 1091/IX of 2018 (State Vs. Deoraj Singh and others), under sections 147, 452, 323, 352, 504, 506, 354(Ka), 419, 420, 467, 468, 471, 120B IPC pending in the court of learned Judicial Magistrate Saidpur, District Ghazipur.

The matter shall not be treated as tied up or part heard to this bench.

Order Date :- 15.3.2019

Masarrat