Heard learned counsel for the revisionists, learned A.G.A. for the State of U.P. and Sri Sachin Srivastava, learned counsel for the O.P. No. 2 to 8.
This revision has been filed against the order dated 16.10.2004 passed by learned S.D.M. Ikauna, District Shrawasti whereby the order under section 146(1) Cr.P.C. has been passed.
It is contended by learned counsel for the revisionists that in respect of the land in dispute a civil suit was pending and the proceedings of the consolidation was also pending in which the injunction orders were passed, even then the proceedings under section 145 Cr.P.C. have been initiated between the parties and the order under section 146(1) Cr.P.C. has been passed by which land in dispute was attached.
In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the O.P. No. 2 to 8 that proceedings in civil court as well in the court of consolidation were pending.
Considering the submissions made by learned counsel for the revisionists, learned A.G.A. and learned counsel for O.P. No. 2 to 8, I am of the view that the plea taken in the present application that proceedings can not be initiated in the court of learned Magistrate concerned may be taken in the court of learned Magistrate concerned. In case such plea is taken, the same shall be considered in accordance with law. Till then further proceedings pending in the court concerned shall remain stayed.
A copy of this order shall be filed by the parties concerned before the court within one month from today.
Accordingly this application is disposed of.
Order Date :- 17.5.2012 RPD