Dr Satya Narain Das Pupil And 3 Others State of U.P & Anr. v. Satya Narayan Das) & Ors.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 528 B.N.S.S. application has been filed to quash the summoning order dated 31.01.2025 as well as the entire proceedings of Complaint Case No.4324 of 2025 (D.F.O. vs. Satya Narayan Das and others), under Sections 4/10 of the U.P. Protection of Trees in Rural and Hill Areas Act, 1976 and sections 7, 55(2), Biological Diversity Act, 2002, P.S. Vrindavan, District Mathura, pending in the court of Additional Chief Judicial Magistrate, 1st, Mathura.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. For same allegation a FIR was registered against the applicants in which the applicants were enlarged on bail. Prima-facie there is no evidence against the applicants to prosecute the present case. Cognizance and summoning by learned magistrate is without application of judicial mind.

Matter requires consideration. 2 NA528 No. 11608 of 2026

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable at an early date.

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, further proceedings against the applicants in Complaint Case No.4324 of 2025 (D.F.O. vs. Satya Narayan Das and others), under Sections 4/10 of the U.P. Protection of Trees in Rural and Hill Areas Act, 1976 and sections 7, 55(2), Biological Diversity Act, 2002, P.S. Vrindavan, District Mathura, pending in the court of Additional Chief Judicial Magistrate, 1st, Mathura, shall remain stayed. March 24, 2026 SKD (Deepak Verma,J.)