SUKHLAL 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 the case set up in the FIR registered as Case Crime No.293 of 2017, on 10/11/2017 the case of the prosecution against the applicant is to the effect that 14 individuals including the applicants namely Sukhlal s/o Sundar, Ram Shankar s/o Rati Pal, Parshuram s/o Sundar, Changu s/o Sundar, Ram Milan s/o Sagar, Ram Sahare s/o Changu and Hariram @ Kallu s/o Maikoolal encroached part of Gata No.273 Hectare, which is recorded as 'Khalihan' i.e. Gaon Sabha land/public utility land. The F.I.R. was lodged against the applicants under Sec. 3 of the Prevention of Damage to Public Property Act, 1984 (in short "Act of 1984"). The Investigating Officer thereafter conducted investigation and upon completion of the investigation filed the charge sheet indicated therein that the offence against the applicants is made out under Sec. 3 of the Act of 1984 and thereafter the trial court, without application of mind, vide orders dtd. 17/3/2018 and 17/5/2018 summoned the applicants and other accused under Sec. 3 of the Act of 1984 for facing the trial.