Ashok Kumar vs State Of U.P. And 4 Others
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Allahabad High Court

Ashok Kumar vs State Of U.P. And 4 Others on 17 June, 2025

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:97319
 
Court No. - 66
 

 
Case :- CRIMINAL REVISION No. - 5291 of 2024
 

 
Revisionist :- Ashok Kumar
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Revisionist :- Ram Chandra Solanki
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri Ram Chandra Solanki, learned counsel for revisionist and learned AGA for State.

2. Present revision has been preferred with prayer to set aside the judgment and order dated 21.08.2024 passed by learned court of Additional Session Judge, Kanpur Dehat in Criminal Revision no. 50 of 2020 (Ram Kishan and others vs. State of U.P. and another) under section 145 Cr.P.C. PS- Shivli, District Kanpur Dehat.

3. It is submitted by learned counsel for revisionist that proceeding under Section 145 Cr.P.C. has been initiated at the behest of revisionist against the respondent nos. 2 to 5 and one Smt. Sukhrani (mother of revisionist) seeking attachment of property in dispute. Upon the application preferred by revisionist, order dated 16.10.2020 has been passed by Sub-Divisional Magistrate, Tehsil Maitha, District Kanpur Dehat whereby he directed to attach the portion of disputed plot possessed by Smt. Sukhrani. Being aggrieved with order dated 16.10.2020, respondent nos. 2 to 5 preferred revision before learned court concerned whereupon learned court of Additional Sessions Judge, Kanpur Dehat vide impugned order dated 21.08.2024 allowed the revision and order dated 16.10.2020 has been set aside, directing Sub-Divisional Magistrate, Tehsil Maitha, District Kanpur Dehat to pass fresh order.

4. Learned counsel for revisionist contended that impugned order dated 21.08.2024 is not sustainable in the eye of law and deserves to be set aside.

5. Per contra, learned AGA vehemently opposed the prayer sought through instant revision.

6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that no interference is required in the order dated 21.08.2024 since through the same order, the matter has only been remanded to Sub-Divisional Magistrate concerned and all the parties are at liberty to raise their claim in respect of possession which will be decided as fresh in pursuance to order dated 21.08.2024.

7. In view of aforementioned facts and circumstances, instant revision is hereby disposed of accordingly.

Order Date :- 17.6.2025

Shaswat