DINESH KUMAR SINGH - (1.) Heard the arguments advanced by Shri Mahendra Pratap Yadav, learned counsel for the applicants, Shri Janardan, learned counsel for opposite party no. 2 and Shri Amit Kumar Singh, learned A.G.A. for the State of U.P. and perused the material available on record. This application under Section 482 of the Code of Criminal Procedure, 1973 has been moved on behalf of the applicants with a prayer to quash the Charge-sheet No. 122 of 2014 dated 02.07.2014 as well as the entire proceedings in Case No. 2665 of 2014 (State v. Moti Lal and others), arising out of Case Crime No. 11 of 2014, under Section 379 of the Indian Penal Code, 1860 (for short 'IPC'), Police Station - Dhanghata, Police Station - Sant Kabir Nagar, pending in the court of J.M./Civil Judge (Junior Division), Sant Kabir Nagar.
(2.) Succinctly, facts of the case are as follows :- The opposite party no. 2 lodged an F.I.R. on 21.01.2014 at 10:30 a.m. at Police Station - Dhanghata, District - Sant Kabir Nagar, stating that he had enmity with accused-applicant no. 1 Moti Lal due to the litigation pending between them and because of that, the applicant no. 1 is on the lookout to cause damage to opposite party no. 2. In pursuance to the said aim, on 05.01.2014 at about 04:30 p.m., all the three accused-applicants with other co-accused Vaibhav alias Goldee, came to the field of opposite party no. 2, in which crop of mustard was sown and they started uprooting the said crop stealthily in order to feed the same to their cattle. While uprooting the said crop, the occurrence was seen by witnesses Suresh Kumar, Dhirendra and Arman, etc. and gave information to the opposite party no. 2, whereon when opposite party no. 2 asked the applicants, the accused-applicant no. 2 Ajay Kumar, armed with country-made pistol, chased him away and somehow fleeing away from there, the opposite party no. 2 saved his life. After investigation in this case, charge-sheet has been submitted on 15.01.2014 against the accused-applicants under Section 379 of IPC, whereon cognizance has also been taken by the learned Magistrate on 08.10.2014 upon institution of Case No. 2665 of 2014.
(3.) The contention of learned counsel for the applicants is that he is a recorded tenure holder of Gata No. 102, situated in Village Baparwa Tappa Kochari, Pargana Mehuli Purab, Tehsil Dhanghata, District - Sant Kabir Nagar and that the crop standing thereon is owned by the applicants and to prove the same, he has annexed copy of Khatauni and Khasra of the same as Annexure Nos. 4 and 5 to the affidavit appended to the application. It is further submitted that the police has, in collusion with opposite party no. 2, mala fidely submitted charge-sheet with ulterior motive in order to take vengeance from them and therefore, the same needs to be quashed, being maliciously instituted against the applicants.;