KRISHAN LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Srijan Pandey, learned counsel for the revisionists and Sri Karunakar Singh, learned A.G.A. for the State are present and perused the material on record. No one has appeared on behalf of the opposite party no. 2, even in the revised call.

(2.) The Present Criminal Revision has been preferred to set-aside the judgement and order dtd. 4/6/2009 passed by Additional Sessions Judge Court No. 12, Aligarh in Criminal Appeal No. 87 of 2008 affirming the order dtd. 10/11/2008 passed by the Additional Sub Divisional Magistrate, Kol, Aligarh in Case No. 17 of 2008, under Sec. 198-A(2) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (herein after referred as "U.P. Z.A. and L.R. Act") and sentenced the revisionist to undergo imprisonment for six months with fine of Rs.1,000.00, and in default of payment of fine, one month additional imprisonment.

(3.) Brief facts of the case are that the first information report dtd. 23/7/2002 was lodged against the appellants Kishan Lal, Rajpal, Rajvir, Rajendra, Satya Prakash and one Nathi Lal (exonerated by the Investigating Officer) under Sec. 198-A of the U.P. Z.A. and L.R. Act, on the basis of an application which was moved before the District Magistrate, Aligarh stating that on 10/11/2001 the possession of Gata No. 99 M. Rakba 0.230 hectare of village Lodha, had been given to Dileep Chandra (deceased allottee). He retained the possession for a long time and maintained his family. But on being dispossessed by the accused persons, allottee (deceased) made a complaint to the Revenue Officers. On complaint, the Revenue Inspector, Roshan Lal went to the place on 23/10/2000 and gave the possession to the allottee (Dileep Chandra). Again, allottee had been dispossessed by the accused persons, on which again Revenue Inspector, Roshan Lal gave the possession to the allottee (Dileep Chandra) on 10/4/2001. Then on his information, first information report was registered at Police Station, Lodha. The Investigating Officer after completing the investigation, has exonerated accused Nathi Lal and submitted charge- sheet against the revisionists.