Court No. - 27 Case :- APPLICATION U/S 482 No. - 38 of 2010 Petitioner :- Harpal Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- S.P. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
Heard Mr. S.P. Mishra, learned counsel for the applicant and
perused the record.
He has challenged the order dated 15.12.09 passed by the
concerned Sessions Judge, J.P. Nagar in criminal revision no.126/09.
It appears from the record that in the proceedings under Section
145, Cr.P.C. between the parties the attachment order regarding the
attachment of the disputed property was passed by the S.D.M.,
Hasanpur on 9.12.09. When this order was challenged in revision, the
order of the Magistrate was stayed but the revision was not decided.
It has been argued by Mr. Mishra that staying the operation of the
order passed under Section 146, Cr.P.C., by the concerned Sessions
Judge is causing too much harassment to the applicant as the other
side is reaping the fruits of that portion of the land which belongs to the
applicant and therefore, it is necessary that the order passed by the
Sessions Judge should be stayed.
I do feel that the grievance of Mr. Mishra can well be taken care of if
a direction is issued to the concerned Judge to decide the revision at
the earliest. There would be no purpose at all to enter into the merits of
the order as it may complicate the matter and would also kill the time
of the court unnecessarily as finally the revision has to be decided by
the revisional court.
Accordingly, I dispose of this application finally with a direction to the
concerned Sessions Judge to decide the revision positively within a
period of 10 days from the date of the presentation of the certified copy
of the order. Office is directed to convey this order to the concerned
court within a period of 5 days from today.
Order Date :- 21.1.2010
T. Sinha