Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 15162 of 2014
Petitioner :- Hakim Atiq Ahmad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kshitij Shailendra
Counsel for Respondent :- Govt.Advocate,Gufran Ahmad Khan,K.D.Tiwari,Mahendra Kumar Singh Chau
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner and Sri Gufran Ahmad Khan, learned counsel for the respondent nos.3 to 6 and Sri Sanjay Singh, learned A.G.A.-I.
This petition has been preferred against the order dated 1.7.2014 passed by Additional District & Sessions Judge, Court no. 3, Moradabad in Crl. Rev. No.406 of 2012 whereby the application of petitioner to afford him opportunity of hearing in the revision was rejected.
The petitioner is aggrieved by the order dated 1.7.2014 whereby the learned Additional District & Sessions Judge, Court No.3, Moradabad has rejected the application filed by the petitioner in Criminal Revision No.406 of 2012 (Mumtaz Husain Vs. State of U.P. and others) arising out of the proceedings under Section 145/146 Cr.P.C., on the ground that the petitioner has no locus standi in the matter.
It is submitted by learned counsel for petitioner that disputed property belongs to petitioner in view of the decree of competent court of civil jurisdiction and that; the collateral proceedings have been conducted before the Sub Divisional Magistrate and the revisional court. Learned counsel for the petitioner has drawn the attention of this Court towards the judgment of Apex Court in Raghuraj Singh Rousha Vs. Shivam Sundarma Promoters Pvt. Ltd and another reported in 2009 (2) SCC 363 and another judgment of this court in Karan Singh and others Vs. State of U.P. and another reported in 2011 (1) ADJ 9.
It is also submitted by learned counsel for the petitioner that Sub Divisional Magistrate has also declared the ownership of the disputed property in contravention of the decree of the civil court.
After hearing the learned counsel for the petitioner, learned A.G.A and after perusing the order impugned as well as the material on record, this Court is of the opinion that the argument raised by the learned counsel for the petitioner has substance.
Accordingly, order dated 1.7.2014 is hereby set aside and the matter is remanded back to the learned Additional District & Sessions Judge, Court no. 3, Moradabad to reconsider the application of the petitioner, strictly in accordance with law, after hearing the parties preferably within a period of three months from the date of production of a certified copy of this order before him.
Learned counsel for the petitioner undertakes that the petitioner shall file appropriate application alongwith a certified copy of this order before the court concerned within a period of fifteen days from today.
Present petition accordingly disposed of.
Order Date :- 28.11.2019 Dev/-