Allahabad High Court
Maya And 3 Others vs State Of U.P. And Another on 19 December, 2024
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:198894 Court No. - 76 Case :- APPLICATION U/S 482 No. - 41755 of 2024 Applicant :- Maya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Srivastava,Prakash Gupta,Priyanka Srivastava Counsel for Opposite Party :- Bhrigu Jee Singh,G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants, learned AGA and perused the record.
2. Instant application under Section 482 Cr.P.C. is arising out of a protest petition filed on behalf of opposite party no.2 against the final report No.39 of 2019 dated 10.7.2019, which has been submitted by the Investigating Officer in Case Crime No.0023 of 2019 dated 23.1.2019. The F.I.R. has been lodged on behalf of opposite party no.2 levelling allegation of cheating and criminal intimidation. The protest petition filed on behalf of the opposite party no.2 has been accepted and, accordingly, final report No.39/2019 dated 10.7.2019 has been rejected, vide order dated 6.11.2024, which is under challenged before this court.
3. While rejecting the final report, the learned court concerned has issued direction for further investigation with an observation that proper opportunity has not been accorded to the opposite party no.2 (first informant) to adduce his evidence before the Investigating Officer. Opposite party no.2 came with specific plea that neither the proper evidence has been collected by Investigating Officer, nor the statements of all the relevant witnesses have been recorded. Learned court concerned has pointed out that the plea taken by the first informant in paragraph no.6 of his protest petition dated 3.10.2022 has not properly been entertained and addressed by the Investigating Officer. In paragraph no.6 of the protest petition, opposite party no.2 came with a specific plea that his property has illegally been encroached by the accused (present applicants).
4. The learned counsel for the present applicants submits that the title dispute between the parties under Section 229 B of UPZA & LR Act has finally been culminated by this court vide order dated 7.11.2024 passed in Writ B No.3781 of 2024. It is evident that the proceedings under Section 229-B has been culminated after the filing of the protest petition dated 03.10.2022 and order dated 6.11.2024 passed by the court concerned disposing of the protest petition. Moreover, the order for further investigation does not encompass prejudice and oppression to the present applicants who still have an opportunity to file evidence before the Investigating Officer during further investigation.
5. Nothing has been decided finally against the present applicants with respect to their right, title and interest over the property in question or the initiation of criminal proceedings against them. The order for further investigation does not amount to any criminal proceedings against the present applicants. There is no illegality, perversity or irregularity in the order under challenge so as to warrant the indulgence of this Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C. There is neither any abuse of process of Court nor sufficient ground to entertain the instant application for the purpose of securing the ends of justice.
6. Resultantly, the instant application under Section 482 Cr.P.C., being misconceived and devoid of merits, is hereby dismissed with no order as to costs.
Order Date :- 19.12.2024/vkg