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Aditya Kumar v. State Of U.P. & Others - APPLICATION U/s 482 No. 3019 of 1995  RD-AH 1905 (7 February 2007)
(Court No. 48)
Criminal Misc. Application No. 3019 of 1995
Aditya Kumar, son of Brij Bhushan Mishra
Resident of Village and Post
Keontra ( Auraiya) District Etawah. .......... ...Accused- Applicant.
1. State of U.P.
2. Sri Amar Nath son of Rabhuvir Sahai,
Resident of village and Post Keontra ( Auraiya)
District Etawah. ........... (complainant)
3. Shatrughan son of Raghuvir Sahai
Resident of Village and Post Keontra (Auraiya)
District Etawah. ...... Opp.parties
Hon'ble Barkat Ali Zaidi, J
1. In these proceedings under Section 482 Cr.P.C. against the order dated 14.8.1995 of registration of F.I.R. under Section 156 (3) Cr.P.C., the main and the primary contention of the applicant is that the land to which the dispute relates lies in District of Kanpur Dehat and not in District Auraiya, and the Magistrate had , therefore, no jurisdiction to pass an oder unde Section 156 (3) Cr.P.C.
2. I have heard Sri Krishna Ji Khare, learned counsel for the applicant and Sri R.K. Maurya, Addl. Government Advocate for the State whereas none present for the Opp.Party Nos. 2 & 3 in revised list.
3. The question whether land in dispute situates at Auraiya or Kanpur Dehat has to be decided on the basis of evidence. The Lekhpal alongwith the revenue record including the revenue map needs tobe examined and the Thana police Kotwali Auriya must also give a report as to whether the land lies within their jurisdiction. A reference has been made to the police Reports in the petition but they are not on record of the file in this Court. It is not, therefore, known whether the police have given any report about jurisdiction . It has not, even been mentioned in the petition in which police station of Kanpur Dehat, the disputed land lies.
4. It will be for the Magistrate to determine on basis of requisite evidence whether he has jurisdiction or not? The case must, therefore, go back to the Magistrate.
5. Petition disposed of accordingly.
Dt: 7.2. 2007
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