KALLU SAROJ Vs. STATE OF U. P.

JUDGEMENT

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

(2.) This application under Sec. 482 Cr.P.C. has been filed for the following main relief(s):

(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.0024 of 2018, on 23/2/2018 the case of the prosecution against the applicant is to the effect that applicant Nos.1 and 2 and one Tribhuvan, S/o Babu lal, encroached part of land of Gata No.2342, which is recorded as "Khad Gadda" i.e. Gaon Sabha land/public utility land. The F.I.R. was lodged against the applicants under Sec. 3, 4 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, 4 of the Act of 1984 and thereafter the Addl. Chief Judicial Magistrate-Vth, Court No.21, Sultanpur, without application of mind vide order dtd. 14/8/2020 summoned the applicants under Sec. 3, 4 of the Act of 1984 for facing the trial.