ROSHAN LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Babu Lal Ram, learned counsel for the applicants; Sri Moti Lal, learned Additional Government Advocate appearing for the State- opposite party.

(2.) By means of the present Application under Sec. 482 Criminal Procedure Code, the Applicant has prayed for quashing of the charge-sheet dtd. 14/5/2022, the cognizance/summoning order dtd. 25/7/2022 and proceeding bearing Case No.4647 of 2023 (State versus Roshan and others) arising out of Case Crime No.81 of 2022 under Sec. 434 and 506 Indian Penal Code, Police Station Didarganj, District- Azamgarh pending before the Court of learned Additional Civil Judge (Judicial Division) / Judicial Magistrate, Court No.23, Azamgarh.

(3.) The relevant facts of the case in nutshell, which are required to be mentioned are that the opposite party No. 2 namely Smt. Vidyawati Devi lodged a First Information Report on 7/4/2022 against six persons namely Roshan (present applicant), Ratanlal, Madanlal, Hariram, Shri Chand and Janardan for the alleged offence under Sec. 434 and 506 Indian Penal Code, stating therein that she is the resident of Village Bangaon, Pargana Mahul, Tehsil Martinganj, District Azamgarh and is the owner of the plots No.288/0.44 and 287/0.44, Village Makdoompur. It has been further narrated in the F.I.R. that in pursuance of the demarcation made under Sec. 24 of U.P. Revenue Code, 2006, the proceeding of 'Patthargadi' was carried out. Categorical allegation against the above named six persons are that they dismantled the 'boundary marks' fixed under the aforesaid demarcation proceeding and have illegally removed the same by force. The informant/complainant also made allegation of serious threats to her life, from the persons named in the said FIR.