Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 23 of 2010 Petitioner :- Darshan Singh & Another Respondent :- Charan Singh & Others Counsel for Petitioner :- Narendra Mohan Counsel for Respondent :- Deepak Kumar Srivastava,Ram Kishore Pandey
Hon'ble Dr. Kaushal Jayendra Thaker,J.
This writ petition has been filed challenging the revisional order passed way back before 22 years under Section 145 of Cr.P.C by the Sub Divisional Magistrate, Powayan, District Shahajahanpur.
As according to the Revisional Court, no illegality was found in the said order. This order has been challenged before this Court that the said order also was challenged and this Court disposed of the said petition with observations that all the orders passed under Sections 145 and 146 Cr.P.C. shall be subject to the order passed by the competent Civil Court.
It is conveyed by Sri Narendra Mohan-Advocate and is not disputed by Sri R.R. Pandey appearing for private respondent that as the litigation is very old and to the best of the knowledge, it is land dispute and the suit or litigation is no longer pending. It would not be in fitness of the matter to keeping this case pending as the dispute is very old.
Be that as it may be, the parties may not be any longer interested in continuing this litigation. The operation of the impugned order is confirmed subject to the riders that if still there is any dispute, the parties may request for revival of this petition.
Petition is disposed of.
This Court is thankful to both the Advocates for their assistance in getting this old matter disposed off.
Order Date :- 30.11.2018/Mukesh