IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Application No. 105 of 2005 Rajpal Saini aged about 44 years S/o Sri Tara Chandra R/o 7 Ganga Vihar Colony Opposite of Dootmandal Ashram Haridwar ... Petitioner Vs 1. State of Uttaranchal 2. Chief Judicial Magistrate, Haridwar 3. Saroj D/o Jeeram W/o Sri Bapu Ram R/o Village Jagjitpur Kankhal Tehsil & District Haridwar ... Respondents Sri L.K. Tiwari holding brief of Sri J.P. Joshi, learned counsel for the petitioner Learned A.G.A. for the State/respondent No. 1 Hon’ble B.C. Kandpal, J. By way of this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing the order dated 14.12.2004 as well as entire proceedings of Criminal Case No. 5642 of 2004, State Vs Rajpal Saini, under Section 198 of U.P.Z.A. & L.R. Act and 3(I)(iv)(v) and (x) of S.C. and S.T. Act, 1989 pending in the court of C.J.M., Haridwar. 2. Brief facts of the case are that the respondent No. 3 – Saroj lodged the First Information Report on 20.07.2002 against the applicant alleging therein that she is the D/o Sri Jeeram belonging to Schedule Castes and one Patta of Khasra No. 448 was issued to her father in the year 1997, which has been illegally encroached upon by the petitioner in the year 2002. On the basis of the First Information Report was registered as Case Crime No. 107 of 2002, under Section 198 of U.P.Z.A. & L.R. Act and 3 (I)(x) of Schedule Castes/Scheduled Tribes Act. The learned C.J.M., Haridwar took cognizance under Section 190 of Cr.P.C. vide order dated 03.12.2004. Thereafter, the petitioner moved an application under Section 173(8) of Cr.P.C. before the learned C.J.M. with a prayer that no offence against the petitioner is made and requested for re-investigation which was rejected vide order dated 14.12.2004. 3. Feeling aggrieved by the aforesaid order of the Chief Judicial Magistrate, Haridwar, the petitioner preferred this petition before this Court. 4. Heard Sri L.K. Tiwari holding brief of Sri J.P. Joshi, learned counsel for the petitioner Learned A.G.A. for the State/respondent No. 1 and perused the record. 5. Learned counsel for the petitioner has submitted that the provision of Section 198 (A) of U.P.Z.A. & L.R. Act as well as under Section 3(I)(x) of S.C./S.T. Act are not attracted in this case from the material available on record. It is quite clear that the land in question belongs to Sri Jeeram who is the member of Schedule Caste and Section 3(I)(iv)(v) of S.C./S.T. Act are applicable in view of the facts and circumstances of the case. 6. As far as the question with regard to the applicability of Section 198 (A) of U.P.Z.A. & L.R. Act and under Section 3 (I)(x) of S.C./S.T. Act is concerned the petitioner may raise these objections before the court of competent jurisdiction at the time of framing the charges and the court after considering the entire material available on record will pass the order in accordance with law. 7. Having considered the arguments advanced by the learned counsel for the petitioner and perusing the documents filed before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. I do not find any merit in this case at this stage. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed in-limine. (B.C. Kandpal, J.) 02.01.2008 ASWAL