Sunil Kumar Mishra vs State Of U.P. And 4 Others
2023 Latest Caselaw 27242 ALL

Citation : 2023 Latest Caselaw 27242 ALL
Judgement Date : 5 October, 2023

Allahabad High Court

Sunil Kumar Mishra vs State Of U.P. And 4 Others on 5 October, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192286
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 36744 of 2023
 

 
Applicant :- Sunil Kumar Mishra
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Applicant :- Sanjeev Singh,Ramesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the order dated 26.06.2023 passed by the Sub Divisional Magistrate Auraiya, District Auraiya in pending Case No.02 of 2023 (Shri Shyam Babu Dubey and Another Vs. Shri Sunil Kumar Mishra) filed under Section 145 (1) Cr.P.C., P.S. Kotwali, District Auraiya.

3. Counsel for the applicant submits that proceedings under Section 145 (1) Cr.P.C. is not maintainable. He submits that dispute relates to tenancy and he has placed reliance upon the judgment passed by this Court on 16.9.2016 in Rajpati Devi and others Vs. State of U.P. and others. In para-4 of the judgment, it has been held that in view of established law that dispute if already subject matter of suit, no proceedings under Section 145 Cr.P.C. are maintainable. It has been next submitted that applicant was tenant of opposite party nos.4 and 5 and regarding tenancy, the writ petition is pending before this Court. Therefore, proceedings under Section 145 (1) Cr.P.C. initiated by the learned S.D.M. is an abuse of the process of the court.

4. Per contra, learned A.G.A. opposed the submission and submitted that learned S.D.M. has issued notice to applicant and opposite parties to produce evidence and applicant has chance to adduce all the evidence which has been produced herein.

5. I have considered the rival submission made by the parties. The order dated 26.06.2023 passed by the Sub Divisional Magistrate Auraiya, District Auraiya, by which the Magistrate has issued notice to parties to adduce evidence is just and proper. There is no illegality in the order.

6. The application is dismissed, accordingly. However, if the applicant approach before the S.D.M. concerned and file reply/objection, the concerned Magistrate shall decide the proceedings within two months from the date of production of certified copy of this order in accordance with law.

Order Date :- 5.10.2023

Meenu Singh