Court No. - 28
Case :- APPLICATION U/S 482 No. - 9218 of 2008
Applicant :- Ram Belas
Opposite Party :- State of U.P. and Others
Counsel for Applicant :- A.B. Singh
Counsel for Opposite Party :- Govt. Advocate,P.K.Mishra
Hon'ble Rajeev Misra,J.
Case called out in revised list. No one appears on behalf of applicant to press this application. Learned A.G.A. for State is present.
Present application under section 482 Cr. P. C. has been filed challenging order dated 31.3.2008 passed by S.D.M., Chauri Chaura, Gorakhpur, whereby an order under section 146 (1) Cr.
P. C. has been passed for attachment of land in dispute as well as entire proceedings of Case No. 21/24 of 2006-08 (State Vs. Ram Belas and Ram Sajivan), under sections 145 Cr. P. C. pending in the Court of S.D.M., Chauri Chaura, Gorakhpur.
From perusal of record, it transpires that village land in dispute was brought under consolidation operation in chak allotment proceedings, the matter was decided upto the stage of Deputy Director of Consolidation and ultimately thus the allotment of chak was made in between the applicant and opposite party No.
2. Civil Misc. Petition No. 52545 of 2002 came to be filed in which following order has been passed :-
"Issue notice to respondents 3 to 11. Steps will be taken within ten days. Counter affidavit may be filed by the next date. List this petition in the month of February, 2003.
It has been submitted by the learned counsel for the petitioner that plot No. 1440 is the original holding of the petitioner and his boring is situated in the said plot but the authorities below have not allotted that plot to him solely on the ground that the aforesaid plot is very lesser area.
In view of the aforesaid, it is hereby directed that the parties will maintain status quo in respect to the nature and possession of the land in dispute. "
It appears that during the pendcency of present application, proceedings under Sections 145/146 Cr. P. C. have been initiated. Controversy raised in this application is no longer res- integra and stands settled by judgement of Apex Court in the Case of Ram Sumer Puri Mahant Vs. State of U.P., AIR 1985 SC 472 and Amresh Tiwari Vs. Lalta Prasad Dubey, AIR 2000 SC, 1504, wherein it has been held that during pendency of civil suit, proceedings under Sections 145/146 Cr. P. C. cannot be initiated. Admittedly in the present case, civil dispute was pending before this Court by way of a petition under Article 226 of the Constitution of India. Even otherwise also, the Magistrate had no jurisdiction to proceed under Sections 145/146 Cr. P. C. during the pendency of writ petition before this Court.
In view of facts and law as noted above, present application succeeds and is allowed.
Impugned order dated 31.3.2008 passed by S.D.M., Chauri Chaura, Gorakhpur, as well as entire proceedings of Case No. 21/24 of 2006-08 (State Vs. Ram Belas and Ram Sajivan), under sections 145 Cr. P. C. pending in the Court of S.D.M., Chauri Chaura, Gorakhpur, is hereby quashed.
Order Date :- 26.11.2019 HSM