Court No. - 50
Case :- CRIMINAL APPEAL No. - 5489 of 2018 Appellant :- Jai Prakash Tiwari Respondent :- State Of U.P. And Another Counsel for Appellant :- Ram Awtar Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
In the appeal against cognizance order dated 4.9.2018, the appellant has also moved an application under section 5 Limitation Act, but since the appeal is within time, the application under section 5 Limitation Act, is rejected as unwarranted.
The appeal has been filed under section 14-A(1) of S.C./S.T. Act against the impugned charge sheet no.01 of 2018 dated 5.1.2018 in S.T. No.67 of 2018 (State Vs. Jai Prakash Tiwari) pending in the court of Additional Sessions and District Judge, Court No.2, Mau, Case Crime No.484 of 2017 (State Vs. Jai Prakash Tiwari), under section 428 IPC and section 3(2)(iii) S.C./S.T. Act, P.S. Madhuban, District Mau and cognizance order dated 4.9.2018.
Heard Sri M.B. Yadav, Advocate holding brief of Sri Ram Awtar, learned counsel for the appellant, learned AGA for the State and perused the record.
Learned counsel for the appellant contends that appellant has been falsely implicated; that no such incident as mentioned in F.I.R. ever did take place; that the real fact is that respondent no.2 has encroached over Chak Road, regarding which various complaints were made by appellant to the authorities since 2011 and proceedings under section 67 of U.P.Z.A. & L.R. Act were initiated, in which vide order dated 23.5.2017 fine of Rs.71,300/- was imposed on respondent no.2; that feeling aggrieved, the respondent no.2 has lodged a false F.I.R. with concocted facts; that several villagers submitted affidavit to Circle Officer, P.S. Madhuban, District Mau with regard to the fact no such incident did take place, without taking those into consideration, the Investigating Officer has unfairly submitted charge sheet against appellant under section 428 IPC and 3(2)iii) S.C./S.T. Act; that no offence is made out against the appellant and the learned trial court has acted wrongly and illegally, without due application of mind in mechanical manner in taking cognizance of the offence; that the impugned order is wrong and illegal and is liable to be set aside.
Per contra, learned AGA submitted that it is wrong to say that the F.I.R. has been lodged as a matter of counter blast to the alleged proceedings initiated by the appellant; that the criminal act of appellant is an offence under section 428 IPC as well as section 3(2)(iii) Cr.P.C.; that the Investigating Officer has rightly and fairly investigated the matter and the learned trial court has taken cogniance after going through the entire papers of case diary; that the appeal has been filed just to delay the disposal of trial.
Upon hearing learned counsel for the parties and perusal of record, I find that learned counsel for the appellant has failed to show any illegality, irregularity or incorrectness in the impugned order. The appeal is devoid of merits and is liable to be dismissed.
The appeal is dismissed accordingly.
Order Date :- 27.9.2018 Tamang