PUNEET TANDON Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Nadeem Murtaza, learned counsel for the petitioner and Mr. G.D. Bhatt, learned A.G.A. for the State.

(2.) This petition has been filed for quashing of proceedings of Case No. 1352 of 2009 (State v. Puneet Tandon) under Section 379, IPC and 4/10 of U.P. Protection of Trees Act, pending before the Judical Magistrate-I, Lucknow and the order dated 25.02.2009, whereby the petitioner has been summoned as an accused.

(3.) Learned counsel for the petitioner has submitted that the petitioner and his family were tenant of respondent No. 2 in house No. C-1639, situated in Rajajipuram, Lucknow. Some dispute regarding ownership of the house arose due to which father of the petitioner filed a case on 24.04.2007 being Misc. Case No. 37 of 2007, under Section 30 of Rent Control Act for depositing the rent of the house. On 03.12.2007 a suit for permanent injunction registered as Regular Suit No. 74 of 2007 was filed by his father in which he obtained injunction against his dispossession and further a suit for arrear of rent and ejectment was filed by the brother of respondent No. 2 being SCC Suit No. 27 of 2008 in the court of Judge, Small Causes, Lucknow.