Court No. - 49
Case :- CRIMINAL REVISION No. - 1238 of 1990 Revisionist :- Mohd.Tahir Opposite Party :- State Counsel for Revisionist :- V.C.Misra,U.C. Mishra Counsel for Opposite Party :- Shitla Prasad,A.G.A.
Hon'ble Harsh Kumar,J.
List revised. No one is present for revisionist.
Heard learned AGA for the State and perused the record.
Learned AGA submits that by the impugned order, the learned City Magistrate, Etawah has finally disposed of the proceedings under section 145 Cr.P.C. and directed the S.H.O. concerned to release the property attached in favour of person from whose it was attached.
He further submitted that more than 27 years have passed since filing of revision and after such a long period, the apprehension of breach of peace may not survive and in the circumstances, the revision appears to have become infructuous.
I find force in the argument that apprehension of breach of peace cannot survive after 27 years and proceedings appears to have become infructuous by efflux of time.
The revision is accordingly dismissed as infructuous.
However, it is made clear that if there is still any apprehension of breach of peace, the aggrieved party will be at liberty to approach the Magistrate on fresh cause of action.
Interim order, if any, stands vacated.
Order Date :- 24.3.2018 Tamang