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2025 DAILYLAW 119249 (ALL)

SHAILENDRA KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/630/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4902 Court No. - 12 Case :- APPLICATION U/S 482 No. - 630 of 2025 Applicant :- Shailendra Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Krishan Mohan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly to quash the entire criminal proceedings of Case No. 28/2024 (State Versus Shailendra Sharma) arising out of Case Crime No. 0105/2023, Under Section 2/3 Protection of Damage to Public Property Act, 1984, relating to police station Karaundikalan, District- Sultanpur pending in the Court of Learned Court of F.T.C. (S.D.) Sultanpur, as well as impugned charge sheet No. 01/2023 submitted by the Investigating Officer against the Petitioner in aforesaid case crime number, as contained in Annexure No.1 to this petition, in the interest of law and Justice." This Court is not inclined to entertain the present application, for the following reasons:- (i) According to the case of the prosecution, the applicant cut total 9 trees (4 Chilbil trees and 5 Neem trees) situated over Gata No. 927Ka. (ii) As per learned Counsel for the applicant Gata No. 927Ka belongs to applicant and the demarcation proceedings related to Gata No. 927Ka and 927Kha are pending consideration before the competent revenue court. (iii) Prima-facie, to establish that trees in issue, were situated over Gata No. 927Ka, no document has been placed on record. Accordingly, the present application is dismissed with liberty to the applicant to avail remedy provided by the Hon'ble Apex Court passed in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51. Order Date :- 24.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench