RAM NARAIN HARIJAN Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Misc. Application under Section 482 Code of Criminal Procedure has been filed by the applicant with a prayer to set aside the order dated 30.5.2007 passed by the Special Judge, S.C./S.T. Act, Court No. 3 Deoria under Section 319 Code of Criminal Procedure in Special Trial No. 26 of 20903 (State v. Paras and Ors.) under Section 3(i)(v) of S.C./S.T.(Prevention of Atrocities) Act, Police Station Bhatni District Deoria.

(2.) The case of the prosecution as contained in the first information report is that the applicant is owner of plot Nos. 72, 73 and 74 and all the accused-persons named in the first information report including the Opposite Party Nos. 2 to 5 are the owner of plot No. 71, which is adjacent to the plot of the complainant. It is further contained in the first information report that all the accused-persons have forcibly taken the unauthorised possession of the portion of the plot belonging to the applicant, therefore, the application was moved by the applicant-complainant to Pargana Magistrate, Salempur District Deoria and the Pargana Magistrate, Salempur District Deoria passed the order dated 19.1.1993 and directed the Lekhpal concerned to make the survey of the plot and accordingly a survey was conducted by the Lekhpal and the allegation was found correct and it was found by the Lekhpal that the accused persons have forcibly taken the possession over the plot belonging to the complainant by demolishing the part/property of the applicant/complainant and also by constructing the unauthorised construction and as applicant-complainant belongs to schedule caste community, therefore, this illegal act of the accused persons comes within the purview of offence under Section 3(i)(v) of S.C./S.T. (Prevention of Atrocities) Act.

(3.) On the basis of the first information report lodged by the complainant, case Crime No. 68 of 1993 has been registered at police station Bhatni District Deoria under Section 3(i)(v) of S.C./S.T. (Prevention of Atrocities) Act. against 15 accused persons including Opposite Party Nos. 2 to 5. The police after usual investigation, submitted the charge-sheet against only 11 accused persons named in the first information report and excluded the name of the Opposite Party Nos. 2 to 5.