Heard Shri Nitin Rastogi, learned counsel for the applicant, Shri Rupendra Kumar Singh, learned counsel representing the State and perused the record.
Having regard to the averments made in the affidavit enclosed with the impleadment application, the same is allowed.
Necessary impleadment be made in the petition during the course of the day.
It has been admitted by learned A.G.A. that a copy of the petition along with its enclosure has already been provided to him.
By filing this application under Section 482 Cr.P.C. a prayer has been made by the applicant to direct the opposite party no.1 i.e. Sub Divisional Magistrate, Mohammadi, District Kheri to dispose of the Case No.T202010430402063, under Section 145 Cr.P.C. (Jahir Khan V. Shahid Beg and others) expeditiously within a time stipulated by this Court.
It has been submitted by learned counsel for the applicant that an application was moved by the applicant Jahir Khan before the opposite party no.1 i.e. Sub Divisional Magistrate, Mohammadi, District Kheri on 25.06.2020 and a report was called for from the concerned police station i.e. Pasgawan and the same has been submitted on 07.07.2020, however, no further action has been taken by the Magistrate on that report despite the opposite party has also appeared before the Magistrate.
While referring to the extract of order sheet from 08.07.2020 till 19.07.2021 it is highlighted that nothing has been done with regard to the progress of the case and even the case has been fixed for disposal of the police report. It is vehemently submitted that a suitable direction be given to the Sub Divisional Magistrate, Mohammadi, District Kheri to conclude the trial of the case at the earliest.
Learned A.G.A., however, opposes the prayer of the applicant on the ground that still no proceedings under Section 145 sub section 1 of the Cr.P.C. has been drawn and therefore, a direction under Section 483 could not be given.
Having heard learned counsel for the parties and having perused the record it is evident that on an application moved by the applicant requesting the magistrate to draw the proceedings under Section 145 Cr.P.C. a report was called for from the concerned police station and the same has been submitted on 07.07.2020 but till date the report is pending before the magistrate and no decision as required under Section 145 sub section 1 of the Cr.P.C. has been taken by the Magistrate.
Section 145 Cr.P.C. provides that whenever an executive magistrate is satisfied from a report of a police officer or upon other information that a dispute is likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute and thereafter the procedure as contained under Section 145 sub section 1 to 10 of the Cr.P.C. shall follow.
Strangely the report on the application of the applicant appears to have been made available to the magistrate on 07.07.2020 and his only duty was to get himself satisfied, as required under sub section 1 of Section 145 Cr.P.C. with regard to proceed further, however, the police report is pending in the court of magistrate since last one year and he has not taken any decision as to whether he should act under sub section 1 of section 145 Cr.P.C.
Thus having regard to the above mentioned facts and circumstances it is amply clear that still no proceedings of Section 145 Cr.P.C. has been initiated by the court below and the report of the police station concerned, filed in pursuance of the application of the applicant, is pending for consideration by the magistrate for the last one year.
Keeping in view to the above facts and circumstances of the case, the petition is disposed of with the direction to opposite party no.1 i.e. Sub Divisional Magistrate, Mohammadi, District Kheri to take a decision as required under Section 145 sub section 1 of the Cr.P.C. on the police report so submitted by the concerned police station within 40 days from today, in accordance with law without being affected by any observation made in this order.
Order Date :- 16.8.2021 Anupam S/-