Court No. - 72
Case :- APPLICATION U/S 482 No. - 3192 of 2019 Applicant :- Boby @ Rajeev Kumar @ Ranjeev Kumar Agrawal And Another Opposite Party :- State Of Up And 04 Others Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
This application U/s 482 Cr.P.C. is directed against the proceedings undertaken at the instance of opposite party no. 2 under Section 145 Cr.P.C. which is registered as Case No. 05 of 2018.
Only notices have been issued directing the parties to appear before the learned Magistrate and explain their position.
In the opinion of the Court, it is open for the applicants to set up their defence in response to notice under Section 145(1) Cr.P.C. and therefore, there is no occasion at this stage to interfere with the proceedings.
It is further contended by the learned counsel for the applicants that on false allegations, the proceedings have been instituted and that the Company is in lawful possession of land and by means of such proceedings, the possession is sought to be taken.
In the opinion of the Court, in case if the applicants' possession is under threat, the proper remedy for the applicants is to file a civil suit for injunction or for such other relief as may be advised.
The present 482 Cr.P.C. application is consigned to record at this stage.
Order Date :- 25.1.2019 IrfanUddin