This criminal revision has been directed against the judgment and order dated 16.05.2013 passed by the learned Chief Judicial Magistrate, Allahabad on Misc. Application No.409/XII/13 (Hirendra Nandi vs. Vinod Kumar and others), whereby the application under Section 156(3) Cr.P.C. dated 01.04.2013 moved by the revisionist has been rejected.
Heard Sri Pankaj Kumar, learned counsel for the revisionist along with Sri Jainendra Kumar Mishra, learned counsel for the opposite party nos. 3 and 4 and Ms. Anita Srivastava, learned A.G.A. for the State and perused the record.
Learned counsel for the revisionist has relied upon Lalita Kumari vs. Government U.P. and others reported in (2014) 2 SCC 1.
Learned counsel for the revisionist has submitted that the Police of Police Station- Kydganj, Allahabad reached at the home of revisionist and informed him that non-bailable warrant has been issued against him. When the revisionist reached at the Police Station- Kydganj, he was informed on the cellular phone that opposite parties are trying to take possession of his house forcefully after breaking open the lock and they are also throwing out the household goods. When the Station Officer was shown the order passed by this Court dated 2.11.2012, the Station Officer did not pay any heed towards it. The Station Officer and other Police personnel of Police Station- Kydganj, has compelled the revisionist to sign on four cheques of total amount of Rs.10,00,000/- in favour of Ram Kumar Verma and also forced his mother to put her thumb impression upon one stamp paper and also registered one forged F.I.R. under Sections 386, 323, 504, 506 I.P.C. against the revisionist.
On perusal of the impugned F.I.R. and order dated 16.05.2013 passed by the learned Chief Judicial Magistrate, Allahabad, it appears that it has been observed in the impugned order that civil litigation is pending between the parties in the court of learned Additional Civil Judge (Senior Division)/ A.C.J.M., Room No.6, Allahabad and also one order dated 31.1.2013 was also available on the file regarding contempt application Civil No. 529 of 2013 passed by this Court. This also reveals that there is dispute pending amongst the parties in this Court. This has been observed by the learned Chief Judicial Magistrate that the dispute is of the civil nature and as a counter blast, this application under Section 156(3) Cr.P.C. has been preferred which is liable to be rejected and it was rejected by the learned Chief Judicial Magistrate, Allahabad vide order dated 16.05.2013.
Counter affidavit filed on behalf of the opposite party no.3, deponent, Ram Kumar Verma reveals that there is dispute regarding one house situated in the locality of Bairahana, Tehsil- Sadar, District- Allahabad and one F.I.R. in Crime No. 371 of 2012 under Sections 386, 323, 504, 506 I.P.C., Police Station- Kydganj, District- Allahabad has been registered on 03.12.2012 at about 21:20 hours regarding 4/5 part of house No. 41/34, Bairahana, Police Station- Kydganj, District- Allahabad against the accused persons namely Smt. Meera Nandi, Hirendra Nath Nandi, Smt. Devyani Nandi and Avilesh Nandi.
Moreover, the Suit No. 1278 of 2010 (Smt. Meera Nandi and others vs. Ram Kumar Verma and others) was pending in the court of learned Additional Civil Judge (Senior Division)/ A.C.J.M., Room No.6, Allahabad and temporary injunction application-6C was decided on merits by the learned Additional Civil Judge (Senior Division)/ A.C.J.M., Room No.6, Allahabad on 02.11.2012. One Civil Revision No. 480 of 2012 (Ram Kumar Verma vs. Smt. Meera Nandi and othes) was also decided on 4.10.2012 by this Court.
As per the above discussions, it appears that there is a long drawn civil dispute between both the parties regarding above house No. 41/34, Bairahana, Allahabad. The dispute is of the civil nature and learned Chief Judicial Magistrate has rightly observed that as a counter blast this application under Section 156 (3) Cr.P.C. has been filed by the applicant/ revisionist. Resultantly, the revision is liable to be dismissed.
The criminal revision is hereby dismissed.
Order Date :- 5.9.2016 Atmesh