RAMESHWAR PRASAD TYAGI Vs. STATE O

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicant and the learned A. G. A. An order dated 11. 1. 2008 refusing to accede to the prayer of the applicant not to frame charges against him passed by the C. J. M. , Muzaffar Nagar in Case No. 2456/9 of 2007, State v. Rameshwar Prasad Tyagi under section 198 (sic 198-A) Z. A. and L. R. Act and section 448 IPC has been challenged by means of this application.

(2.) LEARNED Counsel for the applicant submits that for application under section 198-A of Z. A. and L. R. Act, there must be previous orders of allotment of the land to the complainant and an eviction order from the said land should have been passed against the applicant and only when there is repeated repossession of the land in dispute that the impugned provision will apply. However, from the application dated 7. 11. 2008 and the order dated 11. 1. 2008 it does not appear that this contention was even raised before the Court below.

(3.) THIS relief is being granted upto the stage of framing of charges provided the applicant after securing bail gives an undertaking to the satisfaction of the Trial Court that: (a) his Counsel will remain present on his behalf and represent him on each date; (b) he will not raise any objection as to their being the actual person who is facing trial; (c) he does not object to the evidence being recorded in his absence; (d) he undertakes to be present before the Court whenever called upon to do so at any stage.