AJAY PAL Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel appearing for the applicant and learned Additional Government Advocate on behalf of State-respondent.

(2.) Present application has been filed for the following main relief:

(3.) Submission of learned counsel for the applicant for the purposes of causing interference in the pending proceedings is to the effect that as per set up in the FIR registered as Case Crime No. 0293 of 2018 on 21/11/2018 the case of the prosecution against the applicant is to the effect that the applicant namely Ajay Pal S/o Raj Bahadur has encroached part of Gata No.408/451 area 0.5060 hectare recorded as 'Ret'. The FIR was lodged against the applicant under Sec. 2/3 of Prevention of Damage to Public Property Act, 1984 (in short "Act of 1984"), the Investigating Officer thereafter conducted the investigation and upon completion of investigation filed the charge-sheet indicated therein that the offense against the applicant is made out Ss. 2/3 of the Act of 1984 and thereafter, Chief Judicial Magistrate, Hardoi, without application of mind vide order dtd. 2/9/2022 summoned the applicant under Sec. 2/3 of the Act of 1984.