Surendra Trivedi vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 11250 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 3647 of 2023
 

 
Applicant :- Surendra Trivedi
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And Another
 
Counsel for Applicant :- Rajiva Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri Rajiva Dubey, the learned counsel for the applicant and Sri Diwaker Singh, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing of the entire criminal proceedings pending against the petitioner in the court of Ist Additional Chief Judicial Magistrate, Lakhimpur Kheri vide Crime Case No.4943 of 2023, F.I.R. No. 498 of 2022, under Section 2/3 Prevention of Damage to Public Property Act, 1984, Police Station, Phoolbehar, District Lakhimpur Kheri.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. No such incident done by the applicant, as alleged by the prosecution. He further submits that the applicant is residing in his ancestral house and in front of his house there is a land which is recorded as "Khalihan" in the revenue record and the trees which were standing on the land of Khalihan were never cut by the applicant. As the house of the applicant is in front of Khalihan, that's why he has been falsely implicated in the present case.

Learned counsel for the applicant further submits that even though if it a case that the applicant has cut the trees standing on the "Khalihan" land, then there is a remedy to initiate proceedings under Section 67 of the U.P. Revenue Code, that too was not done by the opposite part No.2, who is the Gram Pradhan of the Panchayat. In spite of initiating the said proceeding, the present F.I.R. has been lodged, which is nothing but an abuse of process of law and only lodged to harass the applicant. In support of his arguments, the learned counsel has also referred a judgment of a coordinate Bench of this Court in Munshi Lal and another Vs. State of U.P. and another (Application U/s 482 Cr.P.C. No. 9964 of 2020, decided on 06.08.2020).

Learned counsel for the applicants further submits that the entire exercise is arbitrary and illegal as the Gram Pradhan was having enmity with the applicant due to some vital dispute of the village. Thus, an interim relief has been prayed for.

The matter requires consideration on facts and law, both.

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

Let notice be issued to opposite party No. 2 by Registered Post A.D.

Steps be taken within ten days from today.

Learned A.G.A. as well as the opposite party No. 2 may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks, thereafter.

Put up this case on 24.08.2023 before appropriate Bench.

Till the next date of listing, further proceedings of Crime Case No.4943 of 2023, F.I.R. No. 498 of 2022, under Section 2/3 Prevention of Damage to Public Property Act, 1984, Police Station, Phoolbehar, District Lakhimpur Kheri, pending in the court of Ist Additional Chief Judicial Magistrate, Lakhimpur Kheri shall remain stayed.

Order Date :- 17.4.2023

Arvind