Hon’ble D.R. Azad, J.—The present Criminal Misc. Application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to set aside the order dated 30.5.2007 passed by the Special Judge, S.C./S.T. Act, Court No. 3 Deoria under Section 319 Cr.P.C. in Special Trial No. 26 of 20903 (State v. Paras and others) under Section 3 (i) (v) of S.C./S.T.(Prevention of Atrocities) Act, Police Station Bhatni District Deoria.

2. The case of the prosecution as contained in the first information report is that the applicant is owner of plot Nos. 72,73 and 74 and all the accused-persons named in the first information report including the Opposite Party Nos. 2 to 5 are the owner of plot No. 71, which is adjacent to the plot of the complainant. It is further contained in the first information report that all the accused-persons have forcibly taken the unauthorised possession of the portion of the plot belonging to the applicant, therefore, the application was moved by the applicant-complainant to Pargana Magistrate, Salempur District Deoria and the Pargana Magistrate, Salempur District Deoria passed the order dated 19.1.1993 and directed the Lekhpal concerned to make the survey of