Court No. - 53
Case :- APPLICATION U/S 482 No. - 33127 of 2018 Applicant :- Arshad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Rakesh Kumar Singh, learned counsel for the applicant.
The submission is that the proceedings under Section 145 Cr.P.C. are pending before the Sub Divisional Magistrate, Soaon, Allahabad in Case No. 45 of 2017 'Sameeluddin vs. Hazara Begum and others' P.S. Mauaima, District Allahabad pending in the court of Sub Divisional Magistrate, Soraon. The applicant is the first party. It is submitted that on account of pendency of these proceedings the construction work of the applicant is disrupted by the local police, even though there is no order of attachment under Section 146 Cr.P.C. as stated by the learned counsel for the applicant at the Bar.
Looking to the facts and circumstances, proceedings under Section 145 Cr.P.C. are not a title suit but one involving a case of breach of peace over dispute relating to immovable property. In the nature of proceedings, they cannot be kept pending for a long period of time. Accordingly, the Magistrate, that is to say, the Sub Divisional Magistrate, Soraon, Allahabad is directed to decide Case No. 45 of 2017 'Sameeluddin vs. Hazara Begum and others' P.S. Mauaima, District Allahabad within a period of eight weeks next from the date of receipt of a copy of this order, if there be no order of stay by a Court of superior jurisdiction.
This application stands disposed of with the above orders.
Order Date :- 20.9.2018 Deepak