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2025 DAILYLAW 21015 (ALL)

RAM SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5410/2025 · 2025-02-19

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25155 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5410 of 2025 Applicant :- Ram Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. By means of present application, the applicants has challenged the charge sheet dated 14.05.2023 and cognizance order 29.06.2024 passed in Case No. 2493 of 2024, titled State v. Rma Singh and another, arising out of Case Crime No.134 of 2023, under Section 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Nawabganj, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Allahabad. 3. Learned counsel for the applicants submits that they have been falsely implicated by the Lekhpal/complainant of the case. No encroachment of any government land has been done by the applicants. Without making proper demarcation, the Revenue Officer has submitted the false report against the applicants, based on which, the present FIR has been registered. No notice was send to the applicants before lodging the FIR. The Investigated Officer, without conducting proper inquiry has submitted charge-sheet. The entire proceedings initiated against the applicants are vitiated under law, hence liable to be quashed. 4. Per contra, learned A.G.A. has opposed the application. 5. After hearing the learned counsel for the applicants and having perused the material available on record, it's prima facie observed that no inquiry report, conducted by the Revenue Officers, has been annexed with the present application. Furthermore, the learned counsel for the applicants has relied upon certain orders in civil litigation, which have also not been made part of record. In the absence of the inquiry report and the relevant orders referred to by the applicants, the present application cannot be adjudicated upon. Therefore, the application is liable to be dismissed. 6. Accordingly, the instant application is dismissed with liberty to applicants to file fresh application annexing all the relevant papers. Order Date :- 20.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad