Usman And 3 Others vs Shri Subhash Singh, Sub District ...
2022 Latest Caselaw 22259 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7881 of 2022
 

 
Applicant :- Usman And 3 Others
 
Opposite Party :- Shri Subhash Singh, Sub District Magistrate
 
Counsel for Applicant :- Pankaj Lal,Jyoti Srivastava,Ravindra Kumar Srivastava
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard learned counsel for the applicants and perused the order dated 12.05.2022 passed in Criminal Revision No. 3411 of 2014, which is as under:-

"List has been revised.

None has appeared on behalf of the revisionist to press this revision.

Heard Sri Abhishek Shukla, learned A.G.A.-I for the State.

This revision has been filed against the judgment and order dated 08.10.2004 passed by Additional Sessions Judge (Special), Baghpat in Criminal Revision No.94 of 2003, Haseenuddin vs. Yaseen and others and thereby allowing the criminal revision and setting aside the judgment and order dated 15.10.2003 passed by Sub-Divisional Magistrate, Baraut, District Baghpat in Criminal Case No. 25 under Section 145/146 Cr.P.C. and thereby deciding the revisionists to be in possession over land in dispute and concluding the proceedings under Section 145 Cr.P.C. in favour of the revisionists.

Learned A.G.A.-I submits that due to efflux of time the revisionist and his counsel have lost interest to pursue this matter, and there appears no illegality or infirmity in the impugned judgment and orders passed by the court below, therefore, the present revision may be dismissed.

I have gone through the judgment and order passed by the court below and also perused the record. I have also considered the arguments advanced by the learned A.G.A.-I. Further no one appeared on behalf of revisionist to assist the Court pointing out any illegality or infirmity in the judgment and orders passed by the court below.

In view of the above, after having gone through the judgment and order under challenge, this Court comes to the conclusion that the same need no interference as there is no illegality or infirmity in the judgment and orders under challenge, and further there appears force in the argument of the learned A.G.A.-I that due to efflux of time the revisionist and his counsel have lost interest in pursuing the matter, therefore, the present revision is liable to be dismissed.

Accordingly, the present revision is dismissed.

Let a copy of this order be sent to the concerned District and Sessions Judge for its onwards transmission to the concerned Magistrate for compliance who will proceed further in the matter.

The file is consigned to record.

Let the lower Court record, if any, be returned back to the concerned Court."

From perusal of the order, it transpires that no case for contempt is made out.

The contempt application is misconceived and is hereby dismissed.

Order Date :- 21.12.2022

V.S.Singh