Court No. - 20 Case :- MISC. BENCH No. - 6788 of 2010 Petitioner :- Ram Chet, & Others Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Ajay Kumar Singh 'Raj' Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioners is that the petitioner
no.1 Ram Chet and petitioner no.2 Vijay Prakash have already been arrested
by the Investigating Officer during investigation. Therefore their petitions
have become infructuous. The petition on behalf of Ram Chet and Vijay
Prakash is dismissed as infructuous.
Learned counsel further submits that as per version of the First Information
Report the petitioners have encroached over the plot No.450 which belongs to
Gaon Sabha. In fact the petitioners have not encroached over the plot no.450
rather they are in possession on their own plot nos. 453 and 455. There is a
Kharanja in plot no.450. The petitioners have already filed a civil suit for
permanent injunction in the court of Civil Judge, Junior Division, Sultanpur in
which the Court has granted interim injunction in favour of the petitioners.
There is no evidence that the petitioners have encroached the land of Gaon
Sabha, therefore they have not committed any offence. Learned counsel
further submits that if the petitioners are found to be in possession over the
Gaon Sabha land then they may be executed under Section 122-C of U.P.Z.A.
& L.R. Act. The accused-petitioners, therefore, deserve protection during the
investigation.
Learned A.G.A. has opposed the petition.
Considered the submission of the learned counsel for the petitioners and the
learned A.G.A., keeping in view the facts and circumstances of the case as
well as the allegation of the complainant in the F.I.R. which discloses
commission of cognizable offence, the writ petition is finally disposed of with
the observation that till any credible and cogent evidence is collected against
the petitioners or filing of the charge-sheet/police report under Section 173
Cr.P.C. is filed, whichever is earlier, the petitioners (Ram Jeet Sabhajeet, Om
Prakash and Jay Prakash) will not be arrested by the Investigating Officer in
Case Crime No.396 of 2010, under Section 3 (1) of Lok Sampatti Nuksan
Niwaran Adhiniyam, Police Station Akhand Nagar, District Sultanpur subject
to their cooperation in the investigation which will go on.
Order Date :- 21.7.2010
PAL