VIRENDRA KUMAR JHA Vs. CIVIL JUDGE JUNIOR DIV

JUDGEMENT

(1.) Heard Sri Praveen Kumar Srivastava, Advocate, holding brief of Sri Sushil Kumar Srivastava, learned counsel for applicant and learned AGA for State.

(2.) This application under Section 482 Cr.P.C. has been filed for quashing orders dated 09.05.2003, 16.08.2003 and 12.09.2003 and also to quash proceeding against applicant in Case Crime No. 163 of 2000, under Sections 427, 166, 392 IPC, Police Station Tilhar, District Shahjahanpur, pending in the Court of Civil Judge, Junior Division, Tilhar, Shahjahanpur.

(3.) The facts disclosed in the application are that applicant, at the relevant point of time, was posted on the post of Executive Officer, Nagar Palika Parishad, Tilhar, Shahjahanpur in 2002. Opposite party-3 was permitted to install a khokha (Thatchment) on a land belong to Nagar Palika, measuring 6 X 3 meters on 13.09.1994, with a licence fee of Rs. 50/- per month. Said licence was for a period of six months. There was a clear condition that licensee shall not make any permanent construction over the allotted land. Licence was renewed upto 12.09.1997.