Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 6128 of 2000 Petitioner :- Sakeel Ahamd Respondent :- Sessions Judge & Others Counsel for Petitioner :- L.C. Srivastava Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
None is present on behalf of petitioner even in the revised list. Heard learned AGA and perused the record.
This petition has been filed against order dated 20.7.2000 passed by City Magistrate, Gautam Buddh Nagar under Section 146(1) Cr.P.C.whereby Nagar Magistrate has passed order about shop No. 5, J-94, Sector 22, Noida and order dated 6.9.2000 passed by Sessions Judge, Gautam Budh Nagar dismissing Criminal Revision no. 52 of 2000. Hence this writ petition.
From perusal of revisional order, it transpires that one civil suit was filed on 2.5.2000 with regard to disputed property wherein no interim injunction was passed. Subsequently, an application was filed before City Magistrate, Gautam Budh Nagar on 13.7.2000 whereupon City Magistrate passed order dated 20.7.2000 under Section 146(1) Cr.P.C. directing attachment of said property. Thereafter petitioner filed revision against order of City Magistrate dated 20.7.2000, which was dismissed vide order dated 6.9.2000 passed by Sessions Judge, Gautam Budh Nagar holding that order passed by City Magistrate was interlocutory order, hence revision was not maintainable. On this issue several decisions have been cited by the revisional Court.
In the case of Abdul Gaffur vs. State of U.P. 1992(29) ACC 87 (SC) this Court has held as under:-
"that proceedings under Section 145 Cr.P.C. should be dropped only when the Civil Court has passed some effective order indicating as to which of the parties, was entitled to possession or a receiver has been appointed by the Court or some arrangement has been made for mainatenance of the property. In every case in which civil suit is pending, proceedings are not to be dropped."
Similar view has been expressed in Laxmi Devi vs. State, 1998(37) ACC 824(All. H.C.) and in Ali Mohammad vs. State, 1994(31) ACC 521(All. H.C.).
In the case of Ram Nath Gupta vs. 4th Addl. Sessions Judge, Etawah, 2000(39) A.C.R. 183(All. H.C.) it has been laid down that "the proceedings under Section 145 Cr.P.C. cannot be dropped only for the reason that a civil suit has been filed and the parallel proceedings cannot proceed."
This Court finds no illegality or infirmity in the impugned order passed by revisional Court.The writ petition lacks merit and is hereby dismissed. Interim order, if any, stands vacated.
However, it is made clear that this order will not affect in passing any order about property in dispute by the competent Court.
Order Date :- 26.7.2018 P.P.