Dr.Km.Rakesh Secretary Vraja ... vs State Of U.P. And Another
2023 Latest Caselaw 22423 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:168969
 
Court No. - 81
 

 
Case :- CRIMINAL REVISION No. - 2402 of 1999
 

 
Revisionist :- Dr.Km.Rakesh Secretary Vraja Academy S.S.S.Baba Ji
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Samit Gopal,G.S. Chaturvedi
 
Counsel for Opposite Party :- Govt.Advocate,P.K. Jain,Somveer Singh
 

 
Hon'ble Umesh Chandra Sharma,J.

1. Case called in revised list.

2. None appears on behalf of the revisionist though notice is served on him through telephone and his legal heirs as well.

3. Heard Sri Roshan Singh, learned A.G.A. and perused the record.

4. The matter relates to the year 1999, the learned Revisional Court, i.e. Additional Sessions Judge Court No.9, Mathura, found that the concerned Executive Magistrate has passed the order illegally without concluding that there was any dispute with regard to the land, water, boundary etc or not. The learned Revisional Court found that the property in question is recorded in the name of Vishwa Vidhyapeeth Brij Akadami Vrindawan as Shreni 3 (Asami). He also came to the conclusion that it has also been mentioned in the revenue records that crops were sown and utilized by the recorded Asami. Neither the name of the present revisionist was mentioned in the report nor name of any other person had been mentioned. The learned Revisional Court also concluded that there was no any apprehension of breach of peace. Hence the revision was allowed and the order dated 19.4.1999 passed under Section 145(1) and 146(1) Cr.P.C. by the concerned Magistrate was set-aside.

5. According to this Court, on the basis of fact and circumstances of the case and law also, this revision has no force and the same is liable to be dismissed.

6. The revision is, accordingly, dismissed.

7. The L.C.R. be sent back to the District Court with a copy of this judgment.

Order Date :- 18.8.2023

S.Verma