Court No. - 72
Case :- MATTERS UNDER ARTICLE 227 No. - 530 of 2019 Petitioner :- Smt. Ganga Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Maurya Counsel for Respondent :- G.A.,Arimardan Yadav
Hon'ble Ajit Kumar,J.
This petition under Article 227 of the Constitution of India is directed against the order dated 1.10.2018 whereby Sessions Judge, Kannauj has set aside the orders passed by the learned Sessions Judge under Section 146(1) of the Cr.P.C. quashing the order dated 2.5.2016 and remitting the matter for fresh decision.
Learned counsel for the petitioner has brought to notice of the Court that pursuant to the order dated 2.5.2016, the land in question has already stood attached in presence of witnesses and report to that effect has already been submitted by the police on 7.5.2016. It is contended, therefore, that in the event of remand, the court ought to have continued attachment order till fresh decision in the matter.
As matter was remanded only on the ground of violation of principle of natural justice, learned counsel for the respondent is not in a position to dispute the above factual position.
This petition is accordingly disposed of with the consent of the parties at this stage with direction to the learned Magistrate to take decision in the matter in pursuance to the order of the Sessions Judge, Kannauj dated 1.10.2018 after giving opportunity of hearing to the parties within period of two months from the date production of certified copy of this order. However, it is further provided that in the event, property has continued to be attached, the status quo with regard to its possession and nature of land be maintained during pendency of proceedings.
Order Date :- 25.1.2019 Sanjeev