Court No. - 49
Case :- APPLICATION U/S 482 No. - 9792 of 2018 Applicant :- Shanti Devi Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 18.08.2017 passed by the Sub Divisional Maigstrate, Tehsil- Puwaya, District- Shahjahanpur with respect to the half undisputed share of the applicant in plot no. 225 admeasuring 2.274 hectare, which is not disputed in Criminal Case No. 6 of 2017, under Section- 145 Cr.P.C., Village- Khiriya, Rasulpur, Police Station- Sindhauli, Tehsil- Puwayan, District- Shahjahanpur, pending in the court of Sub Divisional Magistrate, Puwayan, Shahjahanpur.
Learned counsel for the applicant submits that though the proceedings under Section 145 Cr.P.C. had been instituted by the opposite party no. 4 Sushil Chandra in respect of his half share in plot no. 225 ad measuring 2.274 hectare village- Khiriya, Rasulpur, P.S.- Sindhauli, District- Shahjahanpur, there never was any dispute with regard to the other half share that belongs to the applicant and whose possession was also never doubted or questioned.
While the opposite party nos. 5, 6 and 7 had objected to the claim raised by the opposite party no.4 with respect to the other half of the property, they also never objected to the rights of the present applicant, insofar as her half share in plot no. 225 admeasuring 2.274 hectare (above described) is concerned.
However, perhaps inadvertently order had been passed by the learned Sub Divisional Magistrate under Section 146(1) Cr.P.C. on 18.08.2017 with respect to the entire plot no. 225 admeasuring 2.274 hectare.
Considering the above, no useful purpose would be served in keeping the present application pending any further.
Accordingly, the instant application is disposed of with a direction that the applicant shall filed an application before the Sub Divisional Magistrate- opposite party no. 2 within a period of ten days from today along with a certified copy of this order to recall part of the order dated 18.08.2017 insofar as it affects the share of the present applicant over plot no. 225 admeasuring 2.274 hectare. If such an application is filed by the applicant, the Sub Divisional Magistrate- opposite party no. 2 shall decide the same, in accordance with law, within a period of two weeks therefrom after affording due opportunity to all the parties.
For a period of eight weeks from today, the operation and effect of the order dated 18.08.2017, the parties shall maintain status quo with regard to the property in question.
Order Date :- 27.3.2018 A. Singh