RAKESH KUMAR VERMA 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.) Present application under Sec. 482 Cr.P.C. has been filed for the following main relief:

(3.) Submission of learned counsel for the applicants 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.0345/2021, on 10/11/2021 the case of the prosecution against the applicants is to the effect that 12 individuals including the applicants namely Rakesh Kumar, Dayaram Verma (in F.I.R. "Dayaram"), Ram Abhilakh, Ram Nayan Dhuriya, Mukesh Kumar and Rajesh Kumar (in F.I.R. "Rajesh"), encroached land of Gata No.253/0.189 Hectare, Gata No.270/1.416 Hectare, Gata No.268/0.152 hectare, Gata No.116/0.569 Hectare, Gata No.258/1.821 Hectare, situated in Village Sherpur Parasrampur, Pargana-Chanda, Tehshil-Lambhua, District Sultanpur, which is recorded as 'Talab' i.e. public utility land. The F.I.R. was lodged against the applicant under Sec. 2/3 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. 2/3 of the Act of 1984 and thereafter the Additional Chief Judicial Magistrate, Court No.17, Sultanpur, without application of mind vide order dtd. 4/5/2022 summoned the applicant and other accused under Sec. 2/3 of the Act of 1984 for facing the trial.