Court No. - 12
Case :- CRIMINAL REVISION No. - 1437 of 1993 Revisionist :- Sahdev Singh & Ors. Opposite Party :- Kundan Singh & Another Counsel for Revisionist :- N.K. Sharma Counsel for Opposite Party :- A.G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
Vide earlier order dated 30.09.1993, notice was issued to opposite party no.1. As per office report dated 23.03.2018, notice was issued to opposite no.1, but as per record, same has not been received back after service.
This Court on 5.4.2018 had directed to issue fresh notice to opposite no.1. As per office report dated 26.07.2018, notice issued to opposite party no.1 has not been received back after service.
On the basis of report of CJM dated 19.09.2018, this Court in its order dated 26.09.2018 recorded that revisionist no.6 Ajab Singh died.
On the basis of information received from the counsel for the revisionists, this Court again recorded in its order dated 2.11.2018 that opposite party no.1 Kundan Singh also died 10 years ago.
Learned counsel for the revisionists submitted that he is in possession of the alleged farm. He further submitted that frivolous sale deed was produced before the Court, against which, he had already filed a suit for cancellation of deed. It is also submitted that an interim injunction has been obtained by the opposite parties by concealing the material facts and producing frivolous sale deed. Without considering these facts, learned Judge has issued the summoning order.
I have perused the record as well as the summoning order dated 1.9.1993 passed by Special Judge (D.A.A.) Etah. I found no illegality or perversity in the summoning order. Therefore, the Court below has rightly issued the summoning order and no interference is required.
At this stage, learned counsel for the revisionists has submitted that he may be given liberty to move discharge application and till the disposal of the same, he may be granted interim protection.
Accepting the prayer made by the learned counsel for the revisionists and considering the facts of the case, revisionist is given liberty to move discharge application within two months from today before the Court below and the Court below is directed to decide the application strictly in accordance with law, preferably within a period of three months from the date of filing of discharge application.
Till the disposal of discharge application, no coercive action shall be taken against the revisionists.
Accordingly, the Criminal Revision is disposed of.
Order Date :- 26.11.2018 Junaid