Allahabad High Court
Ram Saran Singh S/O Munna Yadav vs State Of U.P. Tyhru Prin. Secy. Home & ... on 13 January, 2010
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- MISC. BENCH No. - 332 of 2010 Petitioner :- Ram Saran Singh S/O Munna Yadav Respondent :- State Of U.P. Tyhru Prin. Secy. Home & Ors. Petitioner Counsel :- Pankaj Gupta Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No.955 of 2009, under Section 3 of the Prevention of Damage to Public Property Act, 1984, Police Station- Chinhat, District- Lucknow.
Learned counsel for the petitioner submits that the land belonging to gata no. 74 measuring .063 hectare and land belonging to gata no. 75 measuring .025 as well as land of gata no. 77 measuring .053 hectare are not public property land and is Gaon Sabha land and it is not entered in the name of the petitioner. The submission is that the averments in the FIR constitute an offence, which has not been committed by petitioner under the aforesaid Act.
We have gone through the contents of the FIR.
Let notice be issued to opposite party no.3 returnable at an early date. Counter affidavit be filed by respective opposite parties within six weeks. Rejoinder affidavit, if any, may be filed by the petitioner within next two weeks.
List after expiry of the aforesaid period.
It is directed that the petitioner shall not be arrested in the aforesaid crime number till the next date of listing, provided he cooperates with the investigation which shall go on.
Order Date :- 13.1.2010 Aks