Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 1536 of 2002 Petitioner :- Chandra Bhan & Others Respondent :- Salik Ram & Others Counsel for Petitioner :- Awadhesh Kumar Singh,D.K.Srivastava Counsel for Respondent :- Govt.Advocate,Rajeev Mishra,Rajesh Kumar Dwivedi,V.K.Shukla
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the petitioners, learned counsel for opposite party No.1, learned AGA for the State and perused the record.
Learned counsel for opposite party No.1 submits that opposite party No.1 Salik Ram is no more.
This writ petition has been preferred for a direction in the nature of certiorari quashing the orders dated 5.1.2000 and 27.11.2001 passed by opposite parties No. 2 and 3 respectively and also for a direction to respondents not to proceed with the proceeding of Criminal Case No. 102 of 1997 under Section 145 Cr.P.C., Police Station Aurai, District Bhadohi(Salik Ram vs. Chandrabhan Arya) pending in the Court of Deputy District Magistrate, Gyanpur, District Sant Ravidas Nagar.
Facts of the case are that proceeding was initiated in the Court of concerned Magistrate under Section 145 Cr.P.C. about Aaraji No. 437 situated in Village Khamhariya No.1, Tehsil Gyanpur, District Bhadohi. Thereafter, SDM, Gyanpur , Sant Ravidas Nagar passed order dated 27.3.199 for attachment of property under Section 146 Cr.P.C. Subsequently Criminal Revision No. 13 of 2000(Chandrabhan vs. State of U.P. & Salik Ram) was filed which was dismissed vide order dated 27.11.2001passed by Additional District & Sessions Judge, Bhadohi, Gyanpur and the case was remanded back to the Court concerned to first decide whether property in question belongs to property in suit No. 2 of 1999 or not and then decide application No. 15Ka of revisionist on merit.
From perusal of record, it transpires that revisionist and opposite party both have alternative remedy to raise all pleas/objections and produce documents before proper forum.
This writ petition is disposed of accordingly.
Order Date :- 25.7.2018 P.P.