Court No. - 49 Case :- APPLICATION U/S 482 No. - 34283 of 2009 Petitioner :- Ram Jee Singh Respondent :- State Of U.P.And Another Petitioner Counsel :- Ajay Sengar Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing the charge sheet
filed in case crime no.168 of 2009, under Sections 122-D 2(2) of U.P.
Zamindari Abolition and Land Reforms Act 1950 and Section 427, 323, 506
IPC, pending in the Court of Chief Judicial Magistrate, Orai, District Jalaun.
It is contended by the learned counsel for the applicant that when allotment of
the applicant’s Bhumidhari land was ordered, the applicant filed Original Suit
No.307 of 2007 before the Civil Judge, (Junior Division), Konch, Jalaun for
permanent injunction with regard to his Bhumidhari land in which temporary
injunction was granted in favour of the applicant. It is further contended that
for the same dispute the present criminal prosecution has been initiated. It is
next contended that the matter is purely of a civil nature, which has been
dragged into criminal prosecution at the behest of opposite party no.2, which
is bad in law. Learned counsel for the applicant has relied upon the Judgment
of the Hon’ble Apex Court reported in 2009-3 Supreme Court Cases-78, V.Y.
Jose and another Vs. State of Gujarat and another, in support of his
contention.
Issue notices to opposite party no.2 returnable within four weeks. Steps be
taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant, two weeks thereafter
is granted for filing rejoinder affidavit. List after expiry of the aforesaid
period, before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 18.1.2010
Hasnain