Neutral Citation No. - 2025:AHC-LKO:28981 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 334 of 2025 Applicant :- Vipin Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar,Bal Keshwar Srivastava,Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Mridula Saxena Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "this Hon'ble Court may kindly be pleased to quash the order dated 19.12.2024 passed by learned Sub Divisional Magistrate Tehsil Bilgram, District Hardoi, in Case No. 8049/2024, Balvindar Singh vs Subhash Singh and another under Sections 164 BNSS, Police Station Madhaoganj, District Hardoi, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation of order_dated 06.12.2024 and 19.12.2024 passed by learned Sub Divisional Magistrate Tehsil Bilgram, District Hardoi, in Case No. 8049/2024, Balvindar Singh vs Subhash Singh and another under Sections 164 BNSS, Police Station Madhaoganj, District Hardoi and also grant permission to petitioner to cultivate his wheat crop which is standing in crop field, during the pendency of this petition." 3. Learned counsel for the applicant has submitted that the crop was sown by the applicant but he has been restrained from harvesting the same by impugned order dated 19.12.2024 passed under Section 165(1) BNSS. The said crop has been attached and the Tehsildar and SHO Madhaoganj District - Hardoi have been directed to hand over the said crops to some responsible person after harvesting the same. 4. It is further submitted that the said order has been passed on 19.12.2024 but till date the crop has not been harvested by anyone in pursuance of the impugned order dated 19.12.2024 but nothing was pleaded in the application so the Court has asked to file a supplementary affidavit bringing on record that the crop has yet not been harvested under the supervision of the Tehsildar and the SHO. The applicant has filed a supplementary affidavit on 9.5.2025 enclosing therein the photographs dated 2.5.2025, in which the crop is standing on the disputed land. 5. It is further submitted that if the wheat crop is destroyed, the applicant being a farmer will suffer a loss and it would be very difficult for him to make both ends meet in coming time. 6. On the other hand Sri Vijay Kumar, learned counsel for Respondent No.2 has submitted that the applicant has cultivated on the part of the land of the Respondent No.2, hence, there is no illegality in the order passed by the Sub-Divisional Magistrate, Bilgram, Hardoi and the applicant should not be permitted to harvest the crop at least in the agricultural field which belongs to the respondent. 7. It is undisputed fact between the parties that the crop was cultivated and sown by the applicant and he has waited that the crop may be harvested in pursuance of the impugned order passed by the Sub-Divisional Magistrate and when the same was not harvested and getting decayed then the present application has been moved. 8. The applicant being a farmer and cultivated and sown the crop as per the admitted case of the Respondent No.2 also, this Court is of the view that the applicant should be permitted to harvest the crop standing on the disputed land. 9.Since the crop has yet not been harvested by authorities in pursuance of impugned order dated 19.12.2024, the crop is decaying, in these circumstances, the present application under Section 482 Cr.P.C./ 528 BNSS is disposed of with permission to the applicant to harvest the crop standing on the land in question and it is also directed to both the parties i.e. the applicant and the respondent not to cultivate or harvest anything on the land in dispute till the pendency of the case i.e. Case No.8049/2024, Computerized Case No.T202410330308049 U/s 164 BNSS, 2023 pending before the Sub-Divisional Magistrate, Hardoi. Order Date :- 12.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench