Shyam Jee And 3 Others vs State Of U.P. And Another
2021 Latest Caselaw 2705 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- APPLICATION U/S 482 No. - 3843 of 2021
 
Applicant :- Shyam Jee And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Shukla,Abhinav Mishra
 
Counsel for Opposite Party :- G.A
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Dharmendra Kumar, learned counsel appearing for the opposite party no. 2.

The present application has been filed seeking quashing the charge sheet dated 28.11.2021, cognizance order dated 07.01.2021 and the entire proceedings of the Session Trial No. 12 of 2021 (State vs. Shyam Jee Yadav & others) under sections 323, 504, 506, 427 IPC and section 3(2)(Va) of SC/ST Act, Police Station Utraon, District Prayagraj.

The argument of counsel for the applicants is that in between the parties various civil suits are going on. Details whereof have been filed in the present application. He argues that the opposite party no. 2 was raising construction over the public land and, in this regard, complaints were made and, on enquiry, the Tehsildar, Handia had directed the removal of the said constructions. He also argues that the applicants have been roped in only on account of various civil litigations including the complaint made by the applicants against the opposite party no. 2, thus, the proceedings are malicious in nature. He also argues that even assuming the entire allegations to be correct nothing exists to implicate the applicants under section 3(2)(Va) of the SC/ST Act and the other relevant sections for which the charge-sheet has been filed. He has placed reliance on the judgment of Hon'ble Supreme Court in the case of Khuman Singh Vs. State of Madhya Pradesh reported in 2019 AIR (SC) 4030.

A perusal of complaint shows that various litigations are going on in between the parties as the report of the Tehsildar directing the removal of the construction over the road, matter requires consideration.

Issue notice to the opposite party no. 2 returnable at an early date.

Steps be taken to serve the opposite party no. 2 within two weeks.

Learned AGA as well as opposite party no. 2 shall file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Until further orders of this Court, no coercive action shall be taken against the applicant in Session Trial No. 12 of 2021 (State vs. Shyam Jee Yadav & others) under sections 323, 504, 506, 427 IPC and section 3(2)(Va) of SC/ST Act, Police Station Utraon, District Prayagraj.

Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.

Order Date :- 19.2.2021

Puspendra