Court No. - 64
Case :- APPLICATION U/S 482 No. - 16381 of 2019 Applicant :- Radhey Shyam And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned AGA for the State and perused the record of this application.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of complaint case no.29070 of 2018 (Ghaziabad Vikas Pradhikaran vs. Radhey Shyam and others) under Sections 26 U.P. Act, Uttar Pradesh Nagar Niyojan and Vikas Adhiniyam, 1973, Police Station Vijay Nagar, Ghaziabad, summoning order dated 3.11.2018 passed by C.J.M., Ghaziabad pending in the court of C.J.M., Ghaziabad.
Learned counsel for the applicant submits that upon impugned notice being issued firstly by the concerned Nagar Vikash Pradhikaran, Ghaziabad, the applicant rushed to the Appellate Authority, Commissioner Ghaziabad, whereupon, the appeal was allowed and the order/notice issued by the Ghaziabad Vikash Pradhikarn dated 11.09.2018 was set aside by the Appellate Authority. However, a complaint was filed, whereupon, summon was issued on wrong facts, whereas, under the relevant provisions of the Uttar Pradesh Urban Planning and Development Act, 1973, there was no need for applying for fresh map because the construction of Chabutra is not fresh, but is old one and no fresh construction has been raised.
Also heard learned AGA for the State.
At this stage, the claim raised in this case can be raised before the court of first instance/authority concerned by way of moving appropriate application whereafter proper scrutiny and examination of both events involved as well as the nature of the violation alleged in the complaint can be adjudication upon by it. Therefore, the applicant is required to move appropriate application before the authority/court concerned and the court concerned shall after applying its judicial mind and giving opportunity of hearing to both the sides pass speaking order thereon. It is expected that till disposal or one month or disposal as above, whichever is earlier, no coercive action shall be taken against the applicant provided the applicant appears before the lower court within ten days from today.
In view of above, this application is finally disposed off.
Order Date :- 25.4.2019 Raj