Ram Lautan vs State Of U.P.And 2 Ors.
2021 Latest Caselaw 4176 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- CRIMINAL REVISION No. - 512 of 2007
 
Revisionist :- Ram Lautan
 
Opposite Party :- State Of U.P.And 2 Ors.
 
Counsel for Revisionist :- Anurag Shukla
 
Counsel for Opposite Party :- G.A
 

 
Hon'ble Dinesh Kumar Singh,J.

1. This criminal revision under Section 397/401 Cr.P.C. has been filed against the order dated 04.08.2007 passed by the Pargana Magistrate, Mohammadi, Kheri in Case No.44 of 2007 under Section 145 CrPC by means of which the property in dispute has been directed to be attached under Section 146(1) CrPC.

2. Mr. Anurag Shukla, learned counsel representing the revisionist, submits that in respect of the land in question, a civil suit had been filed for declaration along with the application under Order 39 Rules 1 and 2 C.P.C. The competent Civil Court has rejected the application under Order 39 Rules 1 and 2 C.P.C. He also submits that where civil dispute is pending before the competent civil court in respect of the property in question, the proceedings under Section 145 Cr.P.C. are not maintainable. To buttress the aforesaid submission, learned counsel representing the revisionist has placed reliance upon the judgment rendered by the Hon'ble Supreme Court in the case of Mahar Jahan and others vs. State of Delhi and others, (2004) 13 SCC 421.

3. I have considered the submissions of learned counsel representing the revisionist as well as the learned AGA.

4. The matter is remitted back to the court of the Pargana Magistrate, Mohammadi, District Kheri to decide afresh the application under Section 145 Cr.P.C. It is expected that the learned Magistrate will consider the submissions advanced on behalf of the parties and, after due consideration of the material available on record as well as the submissions including the legal submissions advanced by the parties, will decide the application afresh. Learned Magistrate is also directed to decide the matter within a period of three months from the date a certified copy of this order is produced before him.

5. With the aforesaid observation/direction, this revision stands disposed of finally.

[D.K. Singh, J.]

Order Date :- 19.3.2021 MVS/-