SHRI NARAYAN SHUKLA, J. - (1.) HEARD Mr. Sudeep Seth, learned counsel for the petitioner and Mr. Rehan Mubassir, learned counsel for the opposite party no.3 as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.
(2.) THE petitioner has challenged the proceedings of Criminal Case no. 3075 of 2010 pending in the court of Judicial Magistrate III, Lucknow as well as summoning order dated 22.12.2010 passed therein, whereby he has been summoned for trial under sections 147,504,506,427,384 IPC on the ground that complainants unauthorised construction has been removed by the district administrative authorities as well as land development authority, therefore, removal of unauthorised construction by the district administrative authorities does not create cause of action to initiate criminal proceeding that too against the petitioner who has no concern with the same, accordingly, it is stated that the proceeding of criminal case is absolutely abuse of process of court and deserves to be quashed. In reply, it is stated by the opposite party no.3 (complainant) that the petitioner is in connivance with some other persons, who are interested to grab the petitioners shop, therefore, they initiated the proceedings under section 133 of the Code of Criminal Procedure before the Additional City Magistrate III, Lucknow, who passed the order and under the garb of order passed by the Magistrate man of mussel power by breaking out the door in the wall of Mosque (Maszid) took over the possession of the petitioners shop, whereas otherside claims that there is direction of waqf board for opening a second gate. All these are disputed facts , which can be determined on the basis of evidences adduced by the parties by the trial court , therefore, I do not feel it appropriate to interfere in the proceedings of court below.
(3.) HOWEVER , keeping in view the action taken by the district administrative authorities, I am of the view that the petitioners application for bail, if it is moved, is liable to be disposed of expeditiously, therefore, I hereby provide that if on the next date fixed before the court below the petitioner surrenders before the courts below and moves an application of bail, the same shall be considered and disposed of expeditiously.;