Court No. - 45
Case :- APPLICATION U/S 482 No. - 23809 of 2019 Applicant :- Jata Shankar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hare Ram Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 27.5.2019 passed in Criminal Case No.470 of 2010 (State of U.P. Vs. Jata Shankar) arising out of Case Crime No.15 of 2009, under Section 379 I.P.C. and Section 4/10 of Forest Conservation Act, Police Station Sujanganj, District Jaunpur pending in the Court of Judicial Magistrate, Ist, District Jaunpur rejecting the discharge application under Section 239 Cr.P.C.
On specific query, learned counsel for the applicants submits that the first informant in his statement, has categorically stated that trees standing on property in dispute, was partitioned during the life time of their ancestors; the applicants reside in the village and have been cutting and selling the trees falling on the portion/share of the complainant.
The contention of the applicants that the trees stand on joint property, being a question of fact, was rightly rejected by the court below as the same cannot be gone into at this stage.
On specific query, learned counsel for the applicants failed to point out any illegality, infirmity or jurisdictional error in the impugned order.
The petition being devoid of merit is accordingly, dismissed.
Order Date :- 25.6.2019 Vivek Kr.