Bharat Singh vs State Of U.P. And 2 Others
2022 Latest Caselaw 6235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION No. - 728 of 2019
 

 
Revisionist :- Bharat Singh
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Rohitash Kumar Singh,Deepak Kumar
 
Counsel for Opposite Party :- Govt. Advocate,Rajendra Prasad Sharma
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Rohitash Kumar Singh, learned counsel for the revisionist and learned A.G.A. for the State-respondent.

2. Present revision under sections 379 & 401 Cr.P.C. has been filed by the revisionist aggrieved by the Judgment and Order dated 09-05-2019 passed by the Sub.Divisional Magistrate, Maharajganj, district-Raebareli in Case No. 44/43/139/40/41 under section 145 Cr.P.C., Police Station-Maharajganj, Village-Bari Bara Majra Mau, district-Raebareli after obtaining the police report in respect of the land situated in Gata No. 986/1.848 Hectare,Gata No. 1058/0.249 Hectare,Gata No. 1115/2.420 Hectare,Gata No. 1147/0.082 Hectare,Gata No.1161/0.120 Hectare,Gata No. 1300/0.374 Hectare,Gata No. 1302/0.228 Hectare,Gata No. 1327/0.291 Hectare and Gata No. 1339/0.133 Hectare,total area admeasuring to 5.745 Hectare.

3. The police in its report dated 07-05-2019 submitted before the Sub.Divisional Magistrate, Maharaganj, district-Raebareli said that there is an apprehension of breach of peace between the parties in respect of the possession of the land in question. The police in the report further submitted that the proceedings under section 145 Cr.P.C. be instituted and the crops standing should be seized and handover to some Receiver. Learned Sub. Divisional Magistrate considered the said report, issued notices to the parties. After considering the report, the learned Sub. Divisional Magistrate was satisfied that if the land in question is not seized including the crops, there would be breach of peace as both the parties were trying to take possession of the land and the crops standing thereon. In view thereof, learned Sub. Divisional Magistrate, passed the impugned order and the Station House Officer of the concerned police station was directed to take possession of the crops and handover it to some Receiver and submit a report.

4. The order passed by the learned Sub. Divisional Magistrate is an interim order. The proceedings are still pending before the learned Sub. Divisional Magistrate for a final decision.

5. Since, the crop in question has already been seized, it would be appropriate to dispose of this revision with a direction to the parties to appear before the learned Sub. Divisional Magistrate, Maharajganj, district-Raebareli and file their response/lead evidence in support of their case regarding possession of the land in question. Learned Sub. Divisional Magistrate, Maharaganj, district-Raebareli after hearing the parties and taking into consideration the evidence led by them, shall pass a final order at the earliest preferably within a period of two months. The learned Sub. Divisional Magistrate, Maharaganj, district-Raebareli, shall pass appropriate orders in accordance with law.

6. The parties shall appear before Learned Sub. Divisional Magistrate, Maharaganj, district-Raebareli on 18-07-2022 at 10.15 A.M.

7. With these observations/directions, the revision is disposed of.

Order Date :- 7.7.2022

AKS