Court No. - 20 Case :- CRIMINAL REVISION No. - 361 of 2003 Petitioner :- Prem Chandra Mishra And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- R.K. Dubey Respondent Counsel :- Govt. Advocate,R. Sahai Hon'ble Ram Autar Singh,J.
Heard Shri R.P.Dubey learned counsel for the revisionists and Shri Sandip
Agarwal holding brief of Shri Rahul Sahai learned counsel for respondent
no.2 on this revision and perused the record.
This revision has been preferred against the judgment and order dated
30.11.2002 passed by Sub Divisional Magistrate, Machlishahar, District
Jaunpur in criminal case no. 58 of 2002 under Section 145 Cr.P.C., wherein
proceedings under Section 145 Cr.P.C. have been dropped on the ground that
civil suit no. 647 of 2002 Prem Chandra Vs. Om Prakash is pending in the
court of Civil Judge ( J.D.) Jaunpur in respect of property in dispute.
Learned counsel for the revisionists has contended that revisionists are in
possession of the disputed land and thus they are entitled to continue their
possession over the same.
the learned Magistrate has relied on the judgment passed in Amresh Tiwari
Vs. Lalta Prasad Dubey reported in 2000 AIR Page 1904 in which this
Court has observed that the proceedings under Section 145 Cr.P.C. are not
maintainable about the property in respect of which civil suit is pending in
the competent court.
The learned Magistrate has not committed any illegality or factual error in
passing the impugned order.
This revision lacks of merit and is accordingly dismissed.
Order Date :- 15.7.2010
Abhishek Sri.