Neutral Citation No. - 2025:AHC-LKO:26206 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 341 of 2025 Applicant :- Pappu Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Pawan Kumar Pandey,Aditya Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Supplementary affidavit filed on behalf of the applicant is taken on record. Present application has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "The Petitioners above named most respectfully beg to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the order dated 14.09.2024 (Annexure No. 1) passed by the opposite party No.2 in Case No. 3866/2024 "Pappu Kumar and another Vs. Shani Kumar and another" under section 164/165(1) B.N.S.S and order dated 18.02.2025 (Annexure No.2) passed by the Sessions Judge, Ambedkar Nagar in Criminal Revision No. 237/2024 "Pappu Kumar and another Vs. Shani Kumar and another", in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to direct the opposite parties not to harass the applicants and not to interfere in their peaceful possession of the Petitioners over the land in question i.e. Gata No. 220 situated at Village Tilak Tanda, Tilak Tanda, Ambedkar Nagar, Akhtar Narayanpur, Uttar Pradesh-224147. It is further prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No. 2 to decided the Case No.3866/2024 Computerized Case No.T202404040403866 "Pappu Kumar and another Vs. Shani Kumar and another", as early as possible." After arguing at some length, learned counsel for the applicant has submitted that the applicant in whose favour there is a police report that he is in possession of the land since last several years and also mentioned therein that the respondent no. 3 i.e Shani Kumar is forcibly trying to take possession of the land of the applicant though the Revenue Team and the Police Team, after measurement demarcated the land of Shani Kumar and he is nothing to do with the land of the applicant. It is further submitted that the applicant who is the owner of the property is constructing his house which was interfered by Shani Kumar, who is not only obstructing from completing the construction but his land has been attached by passing the impugned order which has been upheld by the revisional court as well, which amounts that the person who is wrong in getting whatever he desires i.e. making hindrance in raising the construction of the house of the applicant and the applicant who is right is facing hardship as such, a direction may be issued to the Sub Divisional Magistrate, Tehsil- Alapur, District Ambedkar Nagar to decide the case no. 3866/2024 (computerised case no. T202404040403866) filed under Section 165(1) BNSS, 2023 within a stipulated time frame as this Court may fix. On the other hand, learned A.G.A. has opposed the case but unable to dispute the submissions made by learned counsel for the applicant. In view of above and in peculiar and exceptional circumstances i.e. there is a report by the Police that the land has been demarcated and the applicant is in possession thereof with which respondent no. 2 has no concern whatsoever and further the fact that the construction over the land by the applicant is in progress which stands standed, this Court finds it a fit case to issue direction to the respondent no. 2 i.e. Sub Divisional Magistrate, Tehsil Alapur, District Ambedkar Nagar to decide the case no. 3866/2024 (computerised case no. T202404040403866) filed under Section 165(1) BNSS, 2023 within a period of four months from the date of production/receipt of certified copy of this order, in accordance with law, without granting any unnecessary adjournment. If any adjournment is necessarily sought by either of the parties, only short dates may be given. The application stands disposed of accordingly. Order Date :- 6.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench