Allahabad High Court
Nebbu Lal And Others vs State Of U.P. And Another on 28 July, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 21202 of 2010 Petitioner :- Nebbu Lal And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Ali Hasan,Ishtiyaq Ali Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C., has been filed for quashing the Non-Bailable-Warrant order dated 11.06. 2010 passed by learned Judicial Magistrate, Ist, Jaunpur in Criminal Case No. 3326 of 2009 (State Vs. Jawahir Lal and others) under Sections 419, 420, 467, 468, 471, 116, 120-B I.P.C., Police Station Maharajganj, District Jaunpur.
It is contended by learned counsel for the applicants that patta was granted in favour of the applicants with regard to the land-in-question by the Members of the Gaon Sabha which was also recorded in Karvahi Register and the said proposal was placed before the Up-Ziladhikari Badlapur, District Jaunpur through Kanoongo and Naib Tehsildar for approval of the said patta and the approval was granted in favour of the applicant on 25.01.2008, thereafter the applicant became the patta holder of the land in question. It is further contended that the opposite party no.2 has also filed a case before the Court Up-Ziladhikari, Badlapur, District Jaunpur for cancellation of the patta granted in favour of the applicants under Section 198(4) of UPZA & LR Act but neither the same was cancelled nor the applicants were removed from their possession over the land in question. It is next contended that the matter is purely of civil nature which has been dragged into criminal prosecution of the applicants at the behest of the opposite party no.2, which is bad in law. It is lasly contended that the co-accused namely Beni Madhav Maurya has been granted interim order on 11.01.2010 by another Bench of this Court in Criminal Revision No. 5660 of 2009, copy of which is annexed as Annexure- 8 to the petition.
Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A.prays for and is granted four weeks time for filing counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants, two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court alongwith records of Criminal Revision No. 5660 of 2009.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 28.7.2010 S.Ali