Court No. - 53
Case :- CRIMINAL REVISION No. - 2402 of 2018 Revisionist :- Sukh Nandan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sharad Chandra,Durgesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
By means of the order impugned that arises from proceedings under Section 145 CrPC an order of attachment dated 15.01.2015 under Section 146(1) CrPC has been set aside by the Sessions Judge, Fatehpur on ground that there is no urgency and that a civil suit is pending between parties.
Sri Durgesh Kumar Singh, learned counsel for the revisionist has assailed the order impugned on various grounds including that in the suit there is no order of injunction and, therefore, the order under Section 146(1) CrPC ought not to be set aside.
Learned AGA has opposed the motion to admit this application to hearing and submits that it is a case where the Revisional Court on good ground has passed the order impugned.
This Court has perused the order impugned and the circumstances on record. It is true that no order of temporary injunction is operating but the fact remains that a civil suit is pending between parties where either of the parties can make an application for suitable interim orders. Once the Civil Court is seized of the matter it is not appropriate that an order of attachment may be passed even though it is the duty of the Magistrate to bring proceedings under Section 145 CrPC initiated to their logical conclusion.
It is, accordingly, directed that the Magistrate immediately proceed to take up and decide the proceedings under section 145 CrPC and bring the same to their logical conclusions within a period of three months next from the date of receipt of certified copy of this order, unless there be an order of a Superior Court interdicting proceedings before the Magistrate.
With the above orders, this application is disposed of.
Order Date :- 27.7.2018 Shahroz