Dhiraj Kumar Yadav vs State Of U.P.& Another.
2014 Latest Caselaw 4855 ALL

Citation : 2014 Latest Caselaw 4855 ALL
Judgement Date : 22 August, 2014

Allahabad High Court

Dhiraj Kumar Yadav vs State Of U.P.& Another. on 22 August, 2014

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 482/378/407 No. - 2666 of 2006
 

 
Applicant :- Dhiraj Kumar Yadav
 
Opposite Party :- State Of U.P.& Another.
 
Counsel for Applicant :- Rajendra Pratap Singh,A.Kumar,Anjani Kumar,Askari Husain,M.K.Dixit,Ram Kumar Singh
 
Counsel for Opposite Party :- Govt.Advocate,Ashid Ali,Manoj Kumar Dixit,Mohd Aslam Khan,Mohiuddin Khan,P.K. Punhani
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and Sri Mohiuddin Khan, learned counsel for the O.P. No. 2.

This application has been filed with a prayer to quash the order dated 9.6.2006 passed by Deputy Collector (Revenue), Lucknow in case No. 1 of 2006 whereby the proceedings under section 145 Cr.P.C. has been dropped and order under section 146(1) Cr.P.C. has been passed attaching the shop in dispute and the order dated 8.9.2006 passed by learned Addl. Sessions Judge/FTC-5, Lucknow in Criminal Revision No. 234 of 2006 whereby the revision filed by the applicants has been dismissed.

From the perusal of the records, it reveals that in the present case the findings has been recorded by the learned Magistrate concerned, the same has been affirmed by the revisional court. The shop in dispute has been attached in exercise of powers conferred under section 146(1) Cr.P.C. In respect of the same shop the Civil Suit No. 279 of 2005 has been filed by the applicants and the suit No. 331 of 2005 has been filed by the O.P. No. 2, both are pending in the court of learned Civil Judge (Sr.Div.), Lucknow. The Civil Court is a competent court to decide the title of the parties. Therefore, it is directed that the proceedings of the above mentioned civil suits shall be expedited within six months from the date of receiving the certified copy of this order. Till the Civil Court passes any order in respect of the shop in dispute, status quo shall be maintained.

With this direction, this application is disposed of.

Order Date :- 22.8.2014

RPD