Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6428 of 2007 Petitioner :- Ram Narain Pandey & Others Respondent :- State Of U.P. & Others Counsel for Petitioner :- V.K. Mishra,H.N. Sharma,K.C. Pandey,S.M. Yadav,Surendra Kumar Tiwari Counsel for Respondent :- Govt. Advocate,Sarvesh,Shyam Lal Singh Yadav
Hon'ble Siddharth,J.
List has been revised.
Heard Sri Surendra Kumar Tiwari, learned counsel for the petitioners and learned AGA for the State.
No one appears on behalf of the respondent No.4.
This revision has been filed challenging the orders dated 21.4.2007 and 10.01.2007 passed by the opposite party Nos. 2 and 3, Sessions Judge, Basti and Sub Divisional Magistrate, Manhdawal, District Sant Kabir Nagar.
The brief facts of the case are that the proceedings under Section 145 Cr.P.C. was initiated on the application of the respondent No.4 and the respondent No.3 directed both the parties to produce the evidence in support of their claim.
By the order dated 10.01.2007, the property in dispute was attached under Section 146 (1) Cr.P.C. on the basis of the report submitted by the concerned police station.
Aggrieved by the same, the petitioners preferred a revision No. 131 of 2007 before the respondent No.2, which was dismissed by the order dated 21.4.2007 confirming the order of the Sub Divisional Magistrate, dated 10.01.2007.
Aggrieved by the above the orders, the petitioners have approached this Court. The learned counsel for the petitioners has argued that the petitioners instituted an Original Suit No. 409 of 1995 against the respondent No.4 before the competent civil court and the same has been decreed by the judgement and decree dated 21.1.2013 in their favour.
In the aforesaid suit, the respondent No.4 has been permanently restrained from interfering in the possession of the plaintiff/petitioners and therefore, their remains no dispute regarding the title and possession of petitioners. It has been stated in paragraph No.12 of the supplementary affidavit filed in this case that the judgement and decree dated 21.01.2013 passed in Original Suit has become final and has not been challenged before the appellate court further.
In view of the fact that the dispute, regarding title and possession of the petitioners, has been finally settled by the competent civil court, there remains no justification for permitting the orders impugned in the writ petition to have any effect.
Accordingly, the orders dated 21.4.2004 and 10.01.2007 passed by the opposite party Nos. 2 and 3, Additional Sessions Judge, Basti and Sub Divisional Magistrate, Madhwal, District Sant Kabir Nagar, are hereby quashed.
The writ petition stands allowed. Order Date :- 21.8.2018 Ruchi Agrahari