Court No. - 49
Case :- CRIMINAL REVISION No. - 1717 of 2018 Revisionist :- Ashok Sharma And 3 Others Opposite Party :- State Of U.P. And 6 Others Counsel for Revisionist :- Devi Prasad Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present revision has been filed to set aside the impugned judgment and order dated 23.3.2018 passed by Sub-Divisional Magistrate, Tehsil Khurja, District Bulandshahar in Case No. T201711171702137 of 2016, under Section 145 Cr.P.C., State Vs. Ashok Sharma and others-Ist Parties, and Prem and others-IInd Parties) and further order passed under Section 146(1) Cr.P.C.
Learned counsel for the applicants states that while there is a civil dispute pending between the parties with respect to operation of a brick-klin. Earlier upon an application filed by the present applicants under Section 145 Cr.P.C. notices were issued by the S.D.M., Khurja to opposite party nos. 3 to 7. At the same time, by order passed under Section 146(1) Cr.P.C. the property was attached and given over to opposite party nos. 3 to 7. Subsequently, by another order passed by the S.D.M., Khurja, the said attachment order has been lifted but the property continues to remain in the possession of the opposite party nos. 3 to 7. However, proceedings under Section 145 Cr.P.C. are still pending.
Considering the above, no useful purpose would be served in keeping the revision pending in view of the order proposed to be passed.
In view of the above, the present revision is disposed of with the following directions:-
The S.D.M., Khurja shall conclude the proceeding, expeditiously as possible, necessarily within a period of three months from the date of the production of a certified copy of this order.
At the same time, the objection raised by the applicant that in view of the pending civil suit, the proceeding under Section 145 Cr.P.C. were not maintainable and further objection that in any case the property could not have been attached and given over in control of one of the parties in dispute, shall be examined and necessary order may be passed strictly in accordance with law.
It is further made clear, with respect to attachment of the property it shall remain open to the learned Magistrate shall pass afresh order during the pendency of the proceeding keeping in mind the object, purpose and scope of Section 145 and 146(1) Cr.P.C.
Order Date :- 28.5.2018 Mini