Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24138 of 2019 Petitioner :- Naresh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Agarwal Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 11.08.2019 registered as Case Crime No. 280 of 2019 at P.S. Chhapar, District- Muzaffar Nagar, under Sections 3/4 of the Prevention of Damages to Public Property Act, 1984.
The allegation in the impugned first information report is that the petitioners (the accused) are illegally occupying 'banjar land' pertaining to Plot No. 1297 area 0.2560 hectare and have unauthorisedly raised construction of residential house over there.
The contention of the learned counsel for the petitioners is that plot no. 1297 adjoins plot no. 845. It has been submitted that plot no. 845 is recorded in the name of the petitioners and the constructions stand over plot no. 845 therefore the allegations are false and malicious.
Whether the petitioners are occupying their own land pertaining plot no. 845 or occupying the 'banjar land' pertaining to plot no. 1297 is a question of fact. It is expected that the investigating officer before taking any coercive action against the petitioners shall ascertain whether the occupation of the petitioners is over their own land or over the land belonging to the Gaon Sabha (banjar land).
This petition is therefore disposed off by providing that before taking coercive action against the petitioners in the above criminal case, the investigating officer shall ascertain whether occupation of the petitioners is over their own land or over the land of Gram Samaj.
Order Date :- 26.11.2019 Sunil Kr Tiwari