Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 140 of 2018 Petitioner :- C/M Sarvodaya Mandal Baranpur And 4 Others Respondent :- State Of U.P. And 54 Others Counsel for Petitioner :- Hari Prasad Pandey Counsel for Respondent :- G.A.,Syed Safdar Ali Kazmi
Hon'ble Siddharth,J.
Learned counsel for the petitioner states he has tried to serve notice of this petition being taken up as unlisted today to Shri Syed Sadar Ali Kajmi, learned counsel for the respondents but he refused to accept the same.Copy of the notice produced in the court which is taken on record.
List of the additional cause list has been revised.No one appears on behalf of the respondents.
Heard learned counsel for the petitioners.
This petition has been filed with the prayer to set aside the preliminary order dated 17.6.2015 under section 145 Cr.P.c. and the order dated 17.6.2015 under section 146(1) Cr.P.c. passed by Sub-Divisional Magistrate, Koraon Allahabad as well as order dated 20.11.2017passed by the Additional District Judge, Vth Allahabad.
The submission is that civil suit is pending and the order of status quo protecting the interest of the parties has already been passed, even then the Magistrate concerned has proceeded with the case.In view of the fact that yet only the preliminary order dated 17.6.2015 has been passed under section 145 Cr.P.c.the proceedings under section 145 Cr.P.c. are yet to be decided, no interference is called for.
The petition is disposed of directing the Magistrate concerned to conclude the proceedings under section 145 Cr.P.c. within two months, after affording opportunity of hearing and evidence to the parties, from the date of filing of the certified copy of this order before him Order Date :- 19.12.2018 Atul kr. sri.