HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 34850 of 2018 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by the applicant for quashing the impugned order dated 09.08.2018 passed by the Judicial Magistrate-I, Jaunpur in Case Crime No. 241 of 2017 (State Vs. Brijendra), under Sections 419, 420, 471 I.P.C. and Section 15 Indian Medical Council Act, Police Station Mungra Badshahpur, District Jaunpur. 3. Learned counsel for the applicant submits that raid was conducted by the authority concerned with regard to unauthorized running of hotel. The premise was sealed. The first information report was lodged against the accused person. Learned counsel for the applicant further submits that applicant was not the accused in the aforesaid first information report and criminal proceedings. Learned counsel for the applicant further submits that the premises in question was given on rent to the accused person and as such the application in terms of Section 457 Cr.P.C. was preferred before the trial court for release of the house in question which has been rejected by the impugned order. 4. On a query being made to learned counsel for the applicant as to how the applicant is the owner of the premises in question, learned counsel for the applicant submits that the applicant has filed Khasra of the property in Versus Counsel for Applicant(s) : Alakshendra Pratap, Anil Kumar Yadav, Awadhesh Kumar Malviya, Rajesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Jeetlal Vishwakarma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) question, which is filed at page no. 9A of the rejoinder affidavit. Learned counsel for the applicant fairly submits that the aforesaid Khasra was not before the trial court when the impugned order was passed and submits that the matter may be remanded back to the court concerned for decision afresh by considering Khasra filed by the applicant. 5. Learned A.G.A. has no objection to the prayer made by the applicant. 6. It is to be seen that once the document of title is presented before this Court and same has not been filed before the trial court it is imperative that the matter be remanded back to the trial court for decision afresh by considering Khasra and the title of the property, which the applicant has filed along with rejoinder affidavit and the documents which the applicant may file. 7. In view of above, the impugned order dated 09.08.2018 passed by the Judicial Magistrate-I, Jaunpur in Case Crime No. 241 of 2017 (State Vs. Brijendra), under Sections 419, 420, 471 I.P.C. and Section 15 Indian Medical Council Act, Police Station Mungra Badshahpur, District Jaunpur is hereby set aside and the matter is remanded back to the court concerned for decision afresh. The applicant would be at liberty to prefer documents showing ownership of the property before the court concerned. 8. Accordingly, the application is disposed of. September 10, 2025 VMA A482 No. 34850 of 2018 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad