Court No. - 74
Case :- CRIMINAL MISC. WRIT PETITION No. - 17690 of 2020 Petitioner :- Gayatri Sharma Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Heard Mr. Omkar Nath Rai, learned counsel for the petitioner and Mr. S.S. Tiwari, learned AGA appearing on behalf of the State.
The petitioner has come up with a prayer that a mandamus be issued directing the Sub-Divisional Magistrate, Tehsil Padrauna, District Kushi Nagar to consider and decide Case No.T201805440105635 Anita Sharma and Others Vs. Gyatri Sharma and Others, under Section 145(1) Cr.P.C., pending since 09.10.2018, within a time to be indicated by this Court.
The petitioner appears to be the second party to the proceedings before the Magistrate. It is pointed out that the property in dispute, which is a residential property has been attached by an order dated 08.01.2019 and handed over to a third party, depriving both parties of their right to possession. Learned counsel for the petitioner submits that proceedings of the case are lingering on. He has taken this Court through the order-sheet of the case from 26.02.2019 to 10.09.2020. A perusal of the order-sheet shows that the case has been most casually adjourned. It has been adjourned on account of resolution by members of the Bar to abstain from work or for no reason recorded, and on many occasion, by fixing general dates. The proceedings under Section 145 Cr.P.C., are designed to prevent breach of peace relating to disputes over possession of immovable property. In the nature of proceeding, these ought not to continue for long and deprive parties of their valuable rights to property.
Looking to the nature of the order that this Court proposes to pass, where no pronouncement about rights of parties is being made, notice to respondent Nos.3 to 7 is dispensed with.
Under the circumstances, the Sub-Divisional Magistrate, Tehsil Padrauna, District Kushinagar, before whom Case No.05635 of 2018, further computerized No.T2018054401005635 Anita Sharma and Others Vs. Gyatri Sharma and Others, under Section 145(1) Cr.P.C., is pending, is ordered to decide the cause within a period of two months next, in accordance with law, after hearing all parties concerned. It is made clear that the Sub-Divisional Magistrate shall proceed on a day to day basis to conclude these proceedings. However, in case there is a stay of proceedings granted by a Court of superior jurisdiction, this order will not operate.
This petition is disposed of in terms of the aforesaid orders.
Order Date :- 8.1.2021 NSC