Allahabad High Court
Munnu Lal vs State Of U.P. Thru. Prin. Secy. Home ... on 23 September, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- U/S 482/378/407 No. - 6806 of 2019 Applicant :- Munnu Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow & Anr. Counsel for Applicant :- Deep Narayan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard Sri D.N. Tripathi, learned counsel for the applicant.
Notice for opposite parties have been accepted by the office of learned GA.
In view of proposed order notice to opposite party no. 2 is being dispensed with as no prejudice would be caused to opposite party no. 2 by means of this order.
The case set forth by the learned counsel for the petitioner is that for Gata No. 363 having 0.558 Hect. land the applicant has been confronted with notice under section 122B of U.P.Z.A.&L.R. Act on 5.5.2010 indicating the plot no. 171 which is an old number of Gata no. 363 as shown in Form-93 which has been enclosed as Annexure no. 4 to the petition and no final decision has been taken in that notice bearing Case No. 199/201 as the questionnaire dated 4.4.2019 to that effect has been enclosed as Annexure no. 6 to the petition showing that the said suit is still pending, therefore, lodging the F.I.R. against the applicant for the same issue vide Case Crime No. 043 dated 28.12.2016 under section 2/3 Prevention of Damage to Public Property Act, 1984 and filing charge-sheet in the said case is misuse of the process of law, therefore, the learned counsel for the petitioner has submitted that since he has been contesting the Suit No. 199/201 which was filed under section 122B of U.P.Z.A&L.R. Act, therefore, the criminal proceedings bearing Case Crime No. 343 of 2016 may be quashed.
Per contra, learned AGA has submitted that the applicant may very well file a discharge application before the criminal Court concerned taking all pleas and grounds which are raised in this petition.
Having heard learned counsel for the parties and having perused the material available on record, I am of the considered opinion that since the Civil Suit No. 199/201 under Section 122B of U.P.Z.A.& L.R. Act is pending before the Court of Tehsildar concerned wherein the petitioner has been issued notice and he is participating in the proceedings, therefore, he should file a discharge application before the learned Court taking all pleas and grounds which are available to him with expedition preferably within a period of 7 days from today and the learned criminal Court shall dispose of the said application within a period of one month thereafter.
Till any appropriate order on the discharge application of the petitioner is passed, if it is filed within aforesaid stipulated time, no coercive action shall be taken against the petitioner in the said crime case in question.
Order Date :- 23.9.2019 Om [Rajesh Singh Chauhan, J.]