Court No. - 65
Case :- APPLICATION U/S 482 No. - 46997 of 2019 Applicant :- Jangbahadur Dubey And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Azad Singh, learned AGA for State.
The present application has been filed for quashing/stay the further proceeding in Criminal Case No. 12907/18 State Vs. Jangbahadur and others pending before the court of learned Chief Judicial Magistrate Azamgarh in charge sheet dated 06.03.2018 in F.I.R. dated 25.10.2017 in Case Crime No. 0338/2017, under section 447, 34 IPC & 3/4 Prevention of Damages to Public Property Act, 1984, Police Station Kaptanganj, District Azamgarh.
Learned counsel on behalf of applicants submits that the dispute of encroachment over chakroad in gata no. 54 M and navin parti in arazi no. 23 M between the parties is still pending to be decided by the civil court in civil suit no. 522 of 1994 and civil suit no. 956 of 2007 and also in 2 revenue proceedings in restoration proceeding in Case No. 61/77/126 of 2015 under section 122B of U.P.Z.A. & L.R. Act challenging the exparte order dated 29.01.2009 and also in case no. 127 under section 122B of U.P.Z.A. & L.R. Act in which a restoration proceeding challenging the exparte order dated 27.11.2014 are still pending before the court of Tehsildar Budhanpur Azamgarh so in such circumstances no criminal proceeding by impugned FIR and charge sheet dated 06.03.2018 against the applicants can be initiated to punish to punish them during the pendency of Civil proceedings at all and therefore the impugned charge sheeet is wholly in abuse of process of the court and thus is liable to be quashed.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, no useful purpose would be served in keeping the petition pending which is finally disposed off with a direction to the Chief Judicial Magistrate Azamgarh to consider and conclude the Criminal Case No. 12907/18 (State Vs. Jangbahadur and others), most expeditiously, if already not decided, strictly in accordance with law, after hearing the parties and without granting any unnecessary adjournment to either the parties, preferably within a period of three months from the date of production of a certified copy of this order before him, provided the proceedings are not stayed by any Court of law.
Till the conclusion of aforesaid criminal case, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 20.12.2019 Arti