Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7340 of 2005 Petitioner :- Smt Sushila Devi Respondent :- Ram Rani Alias Urmila And Another Counsel for Petitioner :- M.C. Dwivedi,Jitendra Pandey Counsel for Respondent :- Government Advocate,S.P. Srivastava,Usha Asthana
Hon'ble Aniruddha Singh,J.
1- None is present on behalf of the petitioner to prosecute this case even in the revised list/call and the writ petition is being decided on merits in the absence of learned counsel for the petitioner.
2- Heard learned A.G.A. and perused the record.
3- This criminal writ petition has been preferred by the petitioner-Smt. Shushla Devi against Smt. Ram Rani @ Urmila challenging the order dated 24.3.2005 passed by the Sessions Judge, Jalaun at Orai and order dated 18.3.2005 passed by Additional District Magistrate, Kalpi, Orai under Section 145 Cr.P.C. whereby the crops of disputed land was ordered to harvest Smt. Ram Rani. Against that order, criminal revision no. 160 of 2005 was filed by the petitioner, which had been dismissed vide order dated 24.3.2005 by the Sessions Judge, Jalaun at Orai with the direction to both the parties to maintain law and order till the matter is decided finally. Hence this writ petition.
4- From perusal of the record, it transpires that between the parties civil suit no. 59 of 1995 is already pending in the competent court. Learned S.D.M. while passing the order under Section 145 Cr.P.C. it was found that the disputed land and crops were in possession of Smt. Ram Rani; hence the impugned order. From perusal of the record, it also appears that the impugned order passed by the learned S.D.M. was an executive order only to maintain law and order, hence the revision was dismissed.
5- On the point of fact, both the courts below have recorded concurrent findings of fact and the view taken by the courts below are plausible view, hence no interference is called for.
6- Learned A.G.A. supported the judgements of the courts below.
7- This Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned order. No interference is called for. The present petition lacks merit and is liable to be dismissed. Hence dismissed.
8- Stay order, if any, stands vacated.
9- Copy of this order be transmitted to the court concerned to proceed in accordance with law.
Order Date :- 13.9.2018 OP