SATISH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner is a practicing lawyer of this court. He has filed the present petition under section 482 Cr.PC for setting aside order dated 31.03.2015 passed by revisional Court/Additional Sessions Judge, Ambedkar Nagar in Criminal Revision No.231 of 2013 setting aside the order dated 20.09.2013 passed by II-Additional Civil Judge(Junior Division)/ Judicial Magistrate, Ambedkar Nagar in Complaint Case No.250 of 2013 whereby the learned magistrate had rejected the complaint of respondent No.2 under Section 203 Cr.P.C.

(2.) The petitioner and respondent No.2 are the resident of the same village. Petitioner's bhumidhari land is adjacent to Abadi land of the village. Respondent No.2 had constructed a house near the land of the petitioner. It is alleged that respondent No.2 had been trying to encroach upon the land of the petitioner.

(3.) Respondent No.2 belongs to a political party and the said political party was in power in the State at the relevant time. Respondent No.2 was making endeavour to encroach the land of the petitioner in the year 2003. Thereafter, he usurped the land of the petitioner and made construction over it. The petitioner, however, complained to the revenue authorities against the encroachment of his land by respondent No.2 and the revenue authorities evicted respondent No.2 from the land of the petitioner.