LAWS(ALL)-2007-12-79

RAMWATI Vs. STATE OF U P

Decided On December 14, 2007
RAMWATI Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THE application has been filed for quashing the charge -sheet and the proceedings in Case Crime No. C -1 of 2006 under section 198 -A of U.P. Z.A. and LR. Act, (hereinafter referred as Act) P.S. Jewar, District Gautam Budh Nagar, pending in the Court of Up Zila Magistrate, Jewar, District Gautam Budh Nagar.

(2.) HEARD Sri Rajiv Sharma learned Counsel for the applicant, Sri V, Singh learned Counsel for the opposite party, learned AGA and perused the material on record. Counter and rejoinder affidavits have been exchanged between the parties.

(3.) ACCORDING to the applicants the complainant was not competent to file the application under section 156(3) Cr.P.C. in the Court of Sub -Divisional Magistrate and the Magistrate was also not competent to direct for registration and investigation of the case. According to the applicants a matter was initiated in the Court of Collec ­tor by Veerpal and others under section 198(4) of the Act regarding the property of the land management committee and by order dated 18.5.2005 the parties were di ­rected to maintain status quo and thereaf ­ter that order was confirmed on 21.9.2005. According to the applicants the matter is already pending before the Collector and the allegations as made do not make out any case against the applicants and if the proceedings are not quashed they will be put to unnecessary harassment and it will be misuse of the process of the Court.