Court No. - 45
Case :- APPLICATION U/S 482 No. - 36153 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 09.02.2018 as well as proceedings of Case No. 3204/9 of 2018, State vs. Manoj, arising out of Case Crime No. 834 of 2017, under Section- 447 I.P.C., P.S. Purkaji, District Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate 1st, Muzaffar Nagar.
The submission of the learned counsel for the applicant is that the present prosecution is barred by the U.P. amendment to Section 441 I.P.C., inasmuch as notice requiring the applicant to withdraw from possession of the trespassed land has not been served upon the applicant prior to initiation of the impugned prosecution or even before lodging the FIR. Even otherwise, it is submitted that the land that is subject matter of the prosecution is one that was given on a Patta in the year 1965 by the irrigation department to the applicant's father and since then the applicant is continuing in possession.
The matter requires consideration.
Issue notice to O.P. No.2 returnable in four weeks. List on the date fixed in the notice.
Till the next date of listing, further proceedings in Case No. 3204/9 of 2018, State vs. Manoj, arising out of Case Crime No. 834 of 2017, under Section- 447 I.P.C., P.S. Purkaji, District Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate 1st, Muzaffar Nagar shall remain stayed.
Order Date :- 31.10.2018 Rohit