Court No. - 34
Case :- CRIMINAL REVISION No. - 808 of 1991 Revisionist :- Smt. Gayatri Devi Opposite Party :- Smt. Mohan Devi And Others Counsel for Revisionist :- B.B. Paul,Balbir Yadav,Mrs.Archana Singh Jadaun Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Balbir Yadav, learned counsel for revisionist, learned A.G.A. for State of U.P. and perused the record.
2. This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by judgment and order dated 14.6.1991 passed by Sessions Judge, Aligarh whereby order passed by Sub-Division Magistrate Koil, Aligarh dated 16.4.1991 under Section 145(1) and 146(1) Cr.P.C. has been set aside by Revisional Court in Criminal Revision No.161 of 1991 and proceedings have been quashed.
3. It is evident from record that Original Suit No.246 of 1990 is pending in the Court of II Additional Munsif, Aligarh and when civil suit is pending, proceeding under Section 145 Cr.P.C. cannot be initiated. This Court is fortified in taking the aforesaid view from Apex Court's decision in Ram Sumer Puri Mahant Vs. State of U.P. and others, AIR 1985 SC 472; Jhunamal alias Devandas Vs. State of Madhya Pradesh and others, AIR 1988 SC 1973; and, Mahant Ram Saran Dass Vs. Harish Mohan and another 2001 (1) JIC 381 (SC).
4. In view thereof, impugned judgment need no interference.
5. Dismissed. Interim order, if any, stands vacated.
6. Certify this judgment to the lower court immediately.
Order Date :- 31.7.2019 KA