Court No. - 76
Case :- APPLICATION U/S 482 No. - 46416 of 2019 Applicant :- Sandeep Goel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Shukla,Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order date 18.09.2019 and 24.09.2019 passed by the Sessions Judge, Bijnor in Criminal Misc. Case no. 198 of 2019 and Criminal Revision No. 309 of 2019 respectively (Sunil Kumar Vs. State of U.P. and others) under Section 145 Cr.P.C.
The brief facts of the case are that on police report dated 04.11.1997 proceedings under Section 145/146 Cr.P.C. were initiated by the Pargana Magistrate, Nagian on 07.11.1997 with regard to lands of Khasra No. 104, 106, 110 and 114 situated in village Chakmani Rahunathpur, Police Station Afzalgadh, District Bijnor. The learned Magistrate passed the order of attachment of the aforesaid land. All the parties filed written statements. During the proceedings all parties including opposite party no.2 appeared before the learned Magistrate till 28.11.2014 but thereafter the opposite party no.2 failed to participate in the proceedings and ultimately learned Magistrate proceeded to pass ex-parte order against opposite party no.2 on 26.05.2017.
The applicants filed their applications dated 14.03.2012 and 04.04.2016 before the learned Magistrate in the proceedings under Sections 145 and 146 Cr.P.C., stating therein that they have been declared as owners of the lands of Khasra nos. 110, 104 and 106 by the competent court and Pargana Adhikari in civil/title suit filed by them. The aforesaid order declaring the property in favour of the applicants was not challenged hence attained finality therefore, an application was moved in the proceedings under Section 145/146 Cr.P.C. to release the said property in favour of the applicants on the basis of the title suit which was decided in their favour.
After fixing several dates in the matter, the learned Magistrate finally passed an order on 14.06.2018 in respect of lands of Khasra No. 104, 106 and 110 which were released in favour of the applicants and proceedings under Section 145/146 Cr.P.C. of the said lands were finalized.
Although opposite party no.2 was well aware of all the proceedings as well as order dated 14.06.2018 by which the lands in question were released in favour of the applicants but he deliberately did not appear and moved an application regarding his illness.
The opposite party no.2 filed highly belated revision before the Sessions Judge on 24.06.2019 challenging the order dated 14.06.2018. The opposite party no.2 also filed delay condonation application mentioning that he was advised bed rest from 14.06.2018 till 20.06.2019. The learned Sessions Judge, Bijnor has condoned the delay on the basis of medical report of opposite party no.2 vide order dated 18.09.2019. He has further proceeded to pass the order on 24.09.2019 and stayed the operation of order dated 14.06.2018 without realizing that the opposite party no.2 was well aware of the order passed in the proceedings under Section 145 and 146 Cr.P.C. and the property in question was released in favour of the applicants on the basis of title suit which was decided in the favour of the applicants and the said order was not challenged at any point of time.
In view of the facts and circumstances of the case, the matter is remanded back to be heard afresh after considering the statements and affidavits of both the parties. It is further directed that the matter may be decided within two months. Till decision of the matter the order dated 18.09.2019 and 24.09.2019 passed by Sessions Judge, Bijnor shall be kept in abeyance.
With the aforesaid observations the application is allowed.
Order Date :- 17.12.2019 Md Faisal