ALLARAJI Vs. STATE OF U.P.

JUDGEMENT

(1.) Order on Application To Grant Leave For Filing Appeal Heard Sri Prashant Bhushan, Advocate, holding brief of Sri Anil Bhushan, learned counsel for the applicant, over this Application, moved, under Section 378 (4) of Criminal Procedure Code, 1973, with a prayer for grant of leave to file proposed Criminal Appeal, against judgment of acquittal, passed by the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahr, in Criminal Case No. 1095 of 1990, State Vs. Sardar and others, under Section 198 A(3) of the U.P. Zamindari Abolition and Land Reforms Act (In short 'U.P. ZA and LR Act'), read with Section 506 of Indian Penal Code, of Police Station Jahangirpur, District Bulandshahr.

(2.) Learned counsel for the applicant argued that in above case a report was got filed by the Revenue Officer against Sardar Singh, Rajpal Singh, Atar Singh, Sheoraj, Ram Prasad, Chandar, Kali Charan, and Raghubar, for offences, punishable, under Section 198 of the U.P. Z.A. and L.R. Act, wherein, investigation resulted in submission of chargesheet and cognizance over it was taken, then after, accused persons stood on trial for offence, punishable, under Section 198 of U.P. Z.A. and L.R. Act, read with 506 of Indian Penal Code (IPC). Respondent-accused persons pleaded their innocence on the ground of alleged allotment made in Arazi Nos. 57 and 54 by erstwhile land management committee, in year 1969, and those deeds were proved by Bhanwar Singh, DW-1, whereas, as per amended provision of U.P.Z.A. and L.R. Act, sanction or approval of lease dded by the Sub Divisional Officer, concerned, was a condition precedent for execution of lease deed, but in above allotment of land in year 1969, there was no approval by Sub Divisional Officer. Hence, it was not a valid deed, but the trial court considered above allotment deed and held that accused persons were in possession over it and on the basis of above, they were acquitted by the impugned judgment. Trial could failed to appreciate facts and law placed on record, thereby, passed impugned judgment of acquittal, which suffers from perversity. Hence, this Appeal, against judgment of acquittal, has been proposed, under Section 378 of Cr.P.C., with this Application, for grant of leave to file proposed Appeal.

(3.) Learned AGA, representing Sate of U.P., has vehemently opposed this Application with this contention that the trial court rightly appreciated facts and law placed on record, thereby, judgment was passed, in accordance with law.