Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5435 of 2019 Petitioner :- Sevaram And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Pal Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 10.10.2018 registered as Case Crime No.408 of 2018, under Section 3 of Prevention of Damage to Public Property Act, P.S. Jalaun, District Jalaun.
The allegation against the petitioners is that they have constructed Chabutara over public land and have thereby caused damage to public property.
The learned counsel for the petitioners claims that Chabutara falls in their own land and therefore no offence is made out.
Be that as it may, whether the land has been encroached and damaged by the petitioners or the petitioners are owner of the land are all questions of fact which cannot be adjudicated, at this stage, in the writ jurisdiction, therefore, the prayer to quash the FIR is rejected.
The appropriate course for the petitioners is to apply for bail and contest the proceeding.
With the aforesaid liberty, the petition is disposed off.
Order Date :- 28.2.2019 AKShukla/-