Court No. - 49
Case :- APPLICATION U/S 482 No. - 46576 of 2018 Applicant :- Surya Bali Yadav And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Present application is filed by the applicants for quashing the charge-sheet dated 05.07.2014 (State Vs. Durga Prasad Yadav & others), arising out of Case Crime No.145 of 2014, under Sections 3/5 Prevention of Public Property Act, P.S. Sarai Mamrej, District Allahabad.
Submission of learned counsel for petitioner is that under Section 122-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 provides for procedure for eviction of unauthorized occupants from the land of Gaon Sabha. He further submits that Section 123-B of the said Act provides for punishment for a repeat offender and thus in view of aforesaid provisions provided in the Special Act dealing with the land of Gaon Sabha, the proceedings under the Public Property Damage Prevention Act are not maintainable and the proceedings could only be initiated as per the provisions provided in Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 which is a Special Act.
Prima facie case for hearing is made out.
Issue notice to respondent No.2 returnable at an early date.
Till then, further proceedings in charge-sheet dated 05.07.2014 (State Vs. Durga Prasad Yadav & others), arising out of Case Crime No.145 of 2014, under Sections 3/5 Prevention of Public Property Act, P.S. Sarai Mamrej, District Allahabad, shall remain stayed.
Order Date :- 20.12.2018 Radhika (Vivek Chaudhary,J.)