Court No. - 49
Case :- APPLICATION U/S 482 No. - 9506 of 2018 Applicant :- Lakhmi Opposite Party :- State Of U.P. And 17 Others Counsel for Applicant :- Om Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed against the order dated 07.02.2018 by which, the list of witnesses filed by the applicant, has been rejected.
According to learned counsel for the applicant, the opposite party no.2 had on the basis of certain interpolation had obtained an order in his favour in the consolidation proceeding with respect to the land in dispute. Upon appeal, the aforesaid order has been stayed and that stay order still continuing. The applicant thus claims to be still in possession over the disputed land. Certain criminal proceedings are also stated to be pending against the opposite parties at the instance of the present applicant.
In the aforesaid background, at present the application containing a list of four witnesses is shown to have been filed in the proceeding under Section 145 Cr.P.C. The learned Magistrate has rejected the application on the reasoning that the application has been filed to delay the proceedings.
The applicant could not be blamed for delaying the proceeding. The question of possession, being factual, in any case, it cannot be decided without evidence being led by the parties. Therefore, the present order cannot be sustained and it is hereby set aside.
It is provided that the applicant shall file necessary affidavits containing the statement on oath of the four witnesses before the learned Magistrate within two weeks from today, alongwith a certified copy of this order.
Since the matter is very old, the learned Magistrate, shall thereafter proceed in accordance with law after affording due opportunity to all parties concerned, without granting any unnecessary or long adjournments to any of the parties and conclude the proceeding as expeditiously as possible, preferably within a period of two months therefrom, if there is no other legal impediment.
The instant application is disposed of. Order Date :- 23.3.2018 Lbm/-