Court No. - 49
Case :- CRIMINAL REVISION No. - 621 of 2018 Revisionist :- Prashant @ Bablu Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the revisionist and learned AGA for the State.
The present revision has been filed against the order dated 20.12.2017 passed by the Chief Judicial Magistrate, Moradabad, by which the applicant's discharge application has been rejected.
Learned counsel for the applicant submits that while the FIR had been lodged occasioned by petty animosity arising from the earlier complaint made by the applicant's father against the gram pradhan. The present FIR has been lodged against four persons on the allegation of felling a neem tree, which was not found established during police investigation against three co- accused. The applicant was singled out and charge sheeted. Further, on the basis of the entries recorded in the khasra khatauni, it has been submitted that there was never standing any tree on khasra no. 255. Relying on the khasra khatauni for different plots, it has been thus submitted that the where ever there were standing trees the same was duly reflected in the khasra khatauni. Reliance has been placed with respect to the plot no. 253, 258 and 259/2.
Relying on the above, it has been submitted that the court below has erred in rejecting the applicant's discharge application without considering documentary evidence in support of the discharge claimed by the applicant.
Learned AGA has opposed the application. However, the correctness of the entries recorded in the khasra khatauni as relied upon by the applicant could not be disputed.
Considering the above, the order passed by the court below appears to be erroneous. The order dated 20.12.2017 is set aside and the matter is remitted to the court below to decide afresh, in accordance with law, as expeditiously as possible.
The present application is allowed.
Order Date :- 23.2.2018/A. Singh