- (1.) M. K. Mittal, J. The application has been filed for quashing the charge-sheet and the proceedings in Case Crime No. C-1 of 2006 under Section 198-A of U. P. Z. A. & L. R. Act (hereinafter referred as Act) PS. Jewar, District Gautam Budh Nagar, pending in the Court of Up-Zila Magistrate, Jewar, District Gautam Budh Nagar.
(2.) HEARD Sri Rajiv Sharma learned Counsel for the applicant, Sri V. Singh learned Counsel for the opposite party, learned AGA and perused the material on record. Counter and rejoinder affidavits have been exchanged between the parties. The brief facts of the case are that the opposite party No. 2 Dinesh Kumar filed an application under Section 156 (3), Cr. P. C. in the Court of Sub-Divisional Magistrate, alleging that the land was allotted to him through the resolution dated 5. 1. 2005 by Bhumi Prabandhak Samiti, which was approved by the Sub-Divisional Magistrate, on 8th April, 2005 and the possession was also delivered on 5. 5. 2005 on gata No. 0151 area 114 and 151 area. 300. The accused threatened to dispossess and the complainant gave an application to Sub-Divisional Magistrate, who directed the police for necessary action and the accused were instructed not to interfere in the possession of the complainant. When the complainant 2 Create PDF with GO2pdf for free, if you wish to remove this line, click here to buy Virtual PDF Printer This Software is licensed to: :-REg Copyright Capital Law Infotech sowed the wheat crop the accused again threatened to dispossess him. The Sub-Divisional Magistrate also passed an order on 12. 11. 2005 for registering a case under Sections 192a and 198a of the Act but no action was taken against the accused and thereafter the complainant gave an application to S. S. R and then filed the application under Section 156 (3), Cr. P. C. The learned Sub-Divisional Magistrate vide order dated 30. 1. 2006 directed for registration and investigation of the case under Section 198a of the Act and after investigation charge-sheet has been submitted against the accused persons. Feeling aggrieved, this application has been filed. According to the applicants the complainant was not competent to file the application under Section 156 (3) Cr. P. C. in the Court of Sub-Divisional Magistrate and the Magistrate was also not competent to direct for registration and investigation of the case. According to the applicants a matter was initiated in the Court of Collector by Veerpal and others under Section 198 (4) of the Act regarding the property of the land management committee and by order dated 18. 5. 2005 the parties were directed to maintain status quo and thereafter that order was confirmed on 21. 9. 2005. According to the applicants the matter is already pending before the Collector and the allegations as made do not make out any case against the applicants and if the proceedings are not quashed they will be put to unnecessary harassment and it will be misuse of the process of the Court.
(3.) THE complainant filed counter affidavit and contended that Sub-Divisional Magistrate rightly directed for registration and investigation of the case because the accused had tried to interfere in the possession of the complainant. In the rejoinder affidavit the case taken by the applicants has been reiterated. Learned Counsel for the applicants has contended that the Sub-Divisional Magistrate had no right to direct for registration and investigation of the case. Under Section 156 (3), Cr. P. C the words used are 'any Magistrate empowered under Section 190, Cr. P. C. may order such investigation' (as provided under Section 154 (1), Cr. P. C.) Section 190, Cr. P. C. , deals with the power of the Magistrate to take cognizance of offence. According to the Section any Magistrate of the first class or any Magistrate of the second class empowered by the Chief Judicial Magistrate can take cognizance.;