Court No. - 52 Case :- APPLICATION U/S 482 No. - 27479 of 2009 Petitioner :- Rishipal And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Mithilesh Kr. Tiwari 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
quash the proceedings of the Criminal Case no. 1701 of
2009, (State Vs. Rishi Pal and others), under Sections 147,
148, 149,504, 506, 34, 332, 353, 352, 427 IPC & 7 Criminal
Law Amendment Act and ¾ of the Prevention of Damage of
Public Property Act, P.S. Sector20 Noida, Gautam Budh
Nagar.
Heard learned counsel for the applicants, learned AGA and
perused the record.
Learned counsel for the applicants submitted that since the
boundary wall of the park was demolished and nature of the
same was going to be changed by the authorities of Noida.
Hence the writ petition of public interest litigation was filed,
in which the direction was issued on 5.6.2009 directing the
Chief Executive Officer either to remove the obstruction of
the road and to construct boundary wall or to show cause in
the counter affidavit. Thereafter, with mala fide intention the
first information report was lodged on 2.7.2009. The writ
petition was filed in which during investigation arrest of the
applicants were stayed. Now the chargesheet has been
submitted. In view of the fact and circumstances the charge
sheet as well as the entire proceeding is liable to be
quashed.
Issue notice to opposite party no. 2 returnable at an early
date.
Till the next date of listing, further proceeding in Criminal
Case no. 1701 of 2009, (State Vs. Rishi Pal and others),
under Sections 147, 148, 149,504, 506, 34, 332, 353, 352,
427 IPC & 7 Criminal Law Amendment Act and ¾ of the
Prevention of Damage of Public Property Act, P.S. Sector
20 Noida, Gautam Budh Nagar, shall remain stayed.
List on 15th March, 2010, before the regular court.
Order Date :- 11.1.2010
ANT