Court No. - 34
Case :- APPLICATION U/S 482 No. - 18846 of 2005 Applicant :- Narendra Dutt Sharma Opposite Party :- State of U.P. and Others Counsel for Applicant :- A.P. Srivastava,Manoj Kumar Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Ms. Ritika, Advocate holding brief of Sri Manoj Kumar Mishra, learned counsel for applicant and learned A.G.A. for State.
2. Applicant has invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash impugned judgment and order dated 05.12.2005 passed by Ist Additional Sessions Judge (F.T.C.) Saharanpur in Criminal Revision No.29 of 2005 (Anoop Chandra Vs. Narendra Dutt and others) whereby revision has been allowed and order dated 02.02.2005 passed by Sub Divisional Magistrate, Deoband in Case No.12 of 2002 under Section 145 Cr.P.C. has been set aside.
3. When questioned, learned counsel for applicant could not dispute that with respect to property in question Civil Suit No.45 of 2003 filed by respondents in the Court of Civil Judge (Junior Division) Deoband is already pending.
4. That being so, no proceedings under Section 145 Cr.P.C. was maintainable. This Court is fortified in taking the aforesaid view from Apex Court's decision in Ram Sumer Puri Mahant Vs. State of U.P. and others, AIR 1985 SC 472; Jhunamal alias Devandas Vs. State of Madhya Pradesh and others, AIR 1988 SC 1973; and, Mahant Ram Saran Dass Vs. Harish Mohan and another 2001 (1) JIC 381 (SC).
5. In view thereof, I do not find any reason to interfere in the impugned judgment and order passed by Revisional Court. This application lacks merit.
6. Dismissed accordingly. Interim order, if any, stands vacated.
Order Date :- 18.12.2019 Manish Himwan