Court No. - 45 Case :- CRIMINAL REVISION No. - 2316 of 2010 Petitioner :- Kripa Shankar Tripathi Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Vijay Kumar Mishra,Lakshmi Kant Trigunait Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State
respondent.
It is contended by the learned counsel for the revisionist that the dispute is
purely of civil nature regarding which a civil suit no. 197 of 2003 has been
filed by the revisionist before the Civil Judge (JD), Shahganj, Jaunpur, in
which interim order has been passed. It is also contended that unless the title
and possession is decided by the civil court, no action can be taken against the
revisionist, under the charged section. Learned counsel for the revisionist has
placed reliance of the case of Indra Mohan Goswami and others Vs. State of
Uttranchal and others, reported in 2008(1) JIC 737 (SC). It is next
contended that in the identical matter another Bench of this Court passed an
interim order in criminal misc. 482, Cr.P.C. application no. 23753 of 2009
vide order dated 7.10.2009, photocopy of which has been produced, which
taken on record.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. The opposite party no.2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the revisionist one week
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before the appropriate Bench along
with the record of criminal misc. 482, Cr.P.C. application no. 23753 of 2009.
Till the next date of listing further proceedings of case no. 2/2 of 2003 under
Section 198-A, U.P. Zamindari Abolition and Land Reforms Act pending
before Special Judicial Magistrate (I)/Up Zila Magistrate, Badlapur, Jaunpur
shall remain stayed.
Order Date :- 12.8.2010
Ashish