MOTI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the arguments advanced by Shri Mahendra Pratap Yadav, learned counsel for the applicants, Shri Janardan, learned counsel for opposite party no. 2 and Shri Amit Kumar Singh, learned A.G.A. for the State of U.P. and perused the material available on record.

(2.) Succinctly, facts of the case are as follows :-

(3.) The contention of learned counsel for the applicants is that he is a recorded tenure holder of Gata No. 102, situated in Village Baparwa Tappa Kochari, Pargana Mehuli Purab, Tehsil Dhanghata, District - Sant Kabir Nagar and that the crop standing thereon is owned by the applicants and to prove the same, he has annexed copy of Khatauni and Khasra of the same as Annexure Nos. 4 and 5 to the affidavit appended to the application. It is further submitted that the police has, in collusion with opposite party no. 2, mala fidely submitted charge-sheet with ulterior motive in order to take vengeance from them and therefore, the same needs to be quashed, being maliciously instituted against the applicants.