Court No. - 52 Case :- APPLICATION U/S 482 No. - 24756 of 2009 Petitioner :- Jai Ram Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Umesh Vats Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
This Criminal Misc. Application under Section 482 Cr.P.C.
has been filed with the prayer to allow this application and to
quash the order dated 3.9.2009 passed by the learned Sessions
Judge Deoria in Session Trial No. 58 of 1999, State Vs.
Shyam Bihari, under Sections 147, 148/49 and 302 IPC, P.S.
Maiel, District-Deoria.
Heard learned counsel for the applicant and learned A.G.A. and perused
the record.
Learned counsel for the applicant submitted that since the land in
question, where the hand-pump was installed belonging to applicant,
hence the other party and co-accused were aggressor. To show the case
of the applicant an application, 253 Kha, was filed, to admit three
documents, namely photo-copy of the resoluation of Gram Sabha dated
31st January, 1983 & copy of approval granted by S.D.M, Salempur,
regarding allotment of .02 decimal area of Khesra No. 170 to Jhabbu,
alongwith some other persons.
The aforesaid papers were necessary in the present case to decide the
matter, whether accused party were aggressor or not, the plots of other
persons including one Jhabbu, situated in between the land belonging to
the applicant and accused party. Hence there was no question of
encroaching the land of the accused persons. However, the application
was rejected by the trial court. He submitted that the evidence can be
filed at any stage, hence the trial court has committed error in rejecting
the application of the applicant to admit the papers.
From a perusal of the application, it appears that the application was
moved by prosecution, after the evidence of the prosecution was closed
and at the stage of defence evidence. The trial was of the year 1999 and
the application was moved on 24.8.2007. The statement of accused
were recorded under Section 313 Cr.P.C. on 17th February, 2006. Apart
from that the trial court has already considered that those documents
only shows that the land in question mentioned in the Khesra belongs to
the applicant informant. This cannot decide the dispute. Whether the
hand-pump was installed in the land belonging to the applicant or there
was encroachment. The site plan has already been prepared which is
part of a case diary. Hence the prosecution case is already there on
record, Palani, of one Jhabbu has been shown in between land of the
applicant and otherside.
In view of the fact, the trial court has not committed any error in not
admitting the papers because those were not found necessary, for proper
disposal of the case. The trial court was of the opinion that the
prosecution want to place those documents, which only support the
admitted facts. Hence I am not inclined to interfere in the impugned
order dated 3.9.2009.
Accordingly, this application is hereby rejected.
Order Date :- 22.1.2010
ANT