Jairam And Another vs State Of U.P. And Another
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Allahabad High Court

Jairam And Another vs State Of U.P. And Another on 13 May, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:78348
 
Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 299 of 2025
 

 
Applicant :- Jairam And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ganesh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Heard Sri Ganesh, learned counsel for the applicants as well as Sri Vikas Sharma, learned State Law Officer for the State/opposite party no.1.

2. This application under Section 482 of the Code of Criminal Procedure has been filed by the applicants to quash the summoning order dated 16.9.2023 in Complaint Case No.2769 of 2023( CNR No.UPSB120032212023) (State Vs. Mukesh Yadav and others), under Section 5/26 and 63 Indian Forest Act, Police Station Kone, District Sonebhadra.

3. Learned counsel for the applicants has submitted that with respect to the land bearing no.4173/4 area 1.35 hectares certain orders were sought to be passed against them with relation to the fact as to whether the land in question was forest land or not and the applicants and the other belonged to the said community or not who were entitled to take benefit of the forest land Civil Misc. Writ Petition No.25505 of 1994, Jai Ram vs. State of U.P. and others was preferred which along with the other writ petition came to be allowed on 11.9.1997 while observing as under :-

"In view of the joint submissions made by the learn Standing Counsel and learned counsel for the petitioners and on perusal of the writ petition and annexures, and in view of the decision of the Hon'ble Apex Court in similar types as reported in A.I.R. 1967 S.C. page 374, this wilt petition is finally disposed or with the directions that the State Government may constitute a ligh Power Committee consisting of a retired High Court Judge and two senior Government officers, wither in active service or retired, within a span of four months from today and if such a committee is constituted the petitioners may be allowed to be represented by lawyers having atleast seven years practice at the expenses of State Government's fund meant for legal aid. If such a Committee is constituted and the matters be allocated before that Committee by proper notifications etc. However, petitioners are hereby restrained ! to cut any tree standing on the disputed lands but the petitioners will have the right to cultivate the land without causing any damage to the Forest land till the decisions given by the said High Power Committe?. impugned order is, thus, stands quashed and that the dispute is to be decided by the High Power Committee which may be constituted by the State Government within the specified time as directed above."

4. Learned counsel for the applicants submits that despite the fact that an high power committee was to be constituted by the State Government with regard to undertake the exercise has sought to be directed by the Hon'ble High Court no such committee was constituted and a complaint came to be filed against the applicants by the opposite party no.2 under Section 5/26, 63 of the Indian Forest Act before the court of Civil Judge (J.D./Magistrate U.P. Sonebhadra being Case No.2769 of 2022. Thereafter on 16.9.2023 the applicants have been summoned.

5. Questioning the summoning order the applicants have been filed the present application.

6. This Court entertain the present application on 22.4.2025 and passed the following order:-

"1. Contention of the learned counsel for the applicants is that with relation to the dispute of the ownership and the title of a Gata No.4173/4 Area 1.35 hectares, the applicant no.1 claims to have preferred Civil Misc.Writ Petition No.25505 of 1994, Jai Ram son of Ram Charitra, Vishambhar son of Dhirgul Vs. State of U.P. and others in which the order impugned therein was quashed on 11.9.1997 and the matter was directed to be placed before the Higher Power Committee to be constituted by the competent authority.

2. Learned counsel for the applicants has invited attention to the court towards paragraph no.12 so as to contend that till date no Committee has been constituted by the State Government. He further submits that a complaint also has been lodged being Criminal Complaint No.2769 of 2022, under Section 5/26 and Section 63 of the Indian Forest Act with relation to the same piece of Arazi which was subject matter in the writ petition which came to be allowed in favour of the applicant no.1 and so far as the applicant no.2 is concerned, he is the brother of the applicant no.1.

3. Sri Indrajeet Yadav, learned AGA seeks time to obtain instructions/file reply in that matter.

4. Put up this case on 13.5.2025 as fresh."

7. Sri Vikas Sharma, learned State Law Officer has produced before this Court a copy of the instructions according to which the land in question which was subject matter of the aforesaid writ petition was Gata No.4173/4 Area 1.35 hectares however, so far as the issue relatable to the complaint is Gata No.4596/4173 which are different.

8. Learned counsel for the applicants at this stage submits that whatever might be but a perusal of the order summoning the applicants discloses that the same is cryptic non-speaking and even does not recite the case of the complainant so as to suggest that prima facie satisfactions have been accorded. He seeks to rely upon the judgment of the Hon'ble Apex Court in SLP (Criminal) No.5067 of 2024, M/S J.M. Laboratories Vs. State of Andhra Pradesh decided on 30.1.2025 so as contend that reasons are to be assigned for summoning by the Magistrate.

9. Learned State Law Officer on the hand submits that though he has complete instructions with him but according to him the summoning order does not appear to have been passed reciting the case of the complainant even on prima facie basis. He further submits that the summoning order dated 16.9.2023 be set aside matter be remitted back to pass a fresh order.

10. I have heard the submissions so made across the bar and perused the record carefully. The summoning order dated 16.9.2023 passed by the Civil Judge (J.D.)/Judicial Magistrate Duddhi, Sonebhadra is extracted as under:-

"?? ???????? ????????? ???????? ?? ???? ??????? ??????? ????? ??? ?????????? ????? ????, ????????? ????, ????? ? ????? ???? ?? ??????? ????? ??? ?????? 51/2020-21 ???????????? 5/26 ? 63 ?????? ?? ??????? ???????? ???? ???? ????? ??????? ????????? ?? ?????? ?????

?????????? ????? ????, ????????? ????, ????? ? ????? ???? ?? ??????? ??????? ????? ??? ?????? 51/2020-21 ???????????? 5/26 ? 63 ?????? ?? ??????? ?? ?????????? ??? ???? ?? ???? ???????? ??? ?????????? ???? ???? ??? ???? ??????? ???

?????????? ?? ??????? ????????? ?? ????? ?????? ?? ??????

?????????? ???? ????? ??? 04.11.2023 ??? ????"

11. Perusal of the summoning order would reveal that the same is non-speaking cryptic and has not even recited the case of the complainant less to say about the prima facie application of the penal objections.

12. The Hon'ble Apex Court in the case of JM Laboratories (supra), para 9 whereof is quoted hereinunder.-

"9. In the present case also, no reasons even for the namesake have been assigned by the learned Magistrate. The summoning order is totally a non-speaking one. We therefore find that in light of the view taken by us in criminal appeal arising out of SLP (Crl.) No. 2345 of 2024 titled "INOX Air Products Limited Now Known as INOX Air Products Private Limited and Another v. The State of Andhra Pradesh", and the legal position as has been laid down by this Court in a catena of judgments including in the cases of Pepsi Foods Ltd. and another Vs. Special Judicial Magistrate and others, Sunil Bharti Mittal Vs. Central Central Bureau of Investigation, Mehmood U Rehman Vs. Khazir Mohammad Tunda and others and Krishna Lal Chawla and others Vs. State of Uttar Pradesh and another, the present appeal deserves to be allowed."

13. Accordingly, the summoning order dated 16.09.2023 is set aside, matter is remitted back to the court below to pass a fresh summoning order strictly in accordance with law taking into account each and every aspect of matter as noticed above. For facilitation the certified copy of the order be submitted before Court below by 30.5.2025.

14. With the aforesaid observation, the application stands disposed of.

15. Instructions filed today is taken on record and marked as Appendix 'A'.

Order Date :- 13.5.2025

piyush