Mangal Prasad And Another vs Sub Divisional Magistrate Tehsil ...
2012 Latest Caselaw 1862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 656 of 2004
 

 
Petitioner :- Mangal Prasad And Another
 
Respondent :- Sub Divisional Magistrate Tehsil Ikauna Srawasti And 7 Ors.
 
Petitioner Counsel :- Ajay Pratap Singh
 
Respondent Counsel :- Govt.Advocate,O.P.Shukla,Rakesh Tripathi,Sachin Srivastava,Suresh Chandra Srivastava
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the revisionists, learned A.G.A. for the State of U.P. and Sri Sachin Srivastava, learned counsel for the O.P. No. 2 to 8.

This revision has been filed against the order dated 16.10.2004 passed by learned S.D.M. Ikauna, District Shrawasti whereby the order under section 146(1) Cr.P.C. has been passed.

It is contended by learned counsel for the revisionists that in respect of the land in dispute a civil suit was pending and the proceedings of the consolidation was also pending in which the injunction orders were passed, even then the proceedings under section 145 Cr.P.C. have been initiated between the parties and the order under section 146(1) Cr.P.C. has been passed by which land in dispute was attached.

In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the O.P. No. 2 to 8 that proceedings in civil court  as well in the court of consolidation  were  pending.

Considering the submissions made by learned counsel for the revisionists, learned A.G.A. and learned counsel for O.P. No. 2 to 8, I am of the view that the plea taken in the present application that proceedings can not be initiated in the court of learned Magistrate concerned may be taken in the court of learned Magistrate concerned. In case such plea is  taken, the same shall be considered in accordance  with law. Till then further proceedings pending in the court concerned shall remain stayed.

A copy of this order shall be filed by the parties concerned before the court within one month from today.

Accordingly this application is disposed of.

Order Date :- 17.5.2012

RPD