Allahabad High Court
Uttam Singh And 3 Others vs State Of U.P. And 4 Others on 11 November, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 22268 of 2022 Applicant :- Uttam Singh And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. and carefully perused the material placed on record. 2.
This application has been filed with a prayer to quash he impugned order date 7.7.2022 passed by learned Sessions Judge, Mirzapur in Criminal Revision No. 64 of 2022 (Munnaka Devi and others Vs. Uttam Sign and others) under section 397 Cr.P.C. P.S. Kachhawa, District Mirzapur preferred against the order dated 22.6.2022 passed by S.D.M. Chunar, District Mirzapur, under section 146(1) Cr.P.C.
It is contended by learned counsel for the applicants that S.D.M. Chunar District Mirzpur recording the satisfaction of the breach of peace between the parties regarding the possession in respect of land in dispute and no order of civil Court determining the possessions of the parties proceeding on report of the police passed preliminary order dated 304.2022.under section 145 (1) Cr.P.C.
In reply of the above contention, learned A.G.A. has placed the reliance of Hon'ble Supreme Court which is quoted below:
Special Leave to Appeal (Crl.) No(s).5444/2022; 01-11-2022 MOHD. ABID & ORS. versus RAVI NARESH & ORS. Code of Criminal Procedure, 1973; Sections 145,146 - Once the Civil Court is seized of the matter, the proceedings under Section 145/146 Cr.P.C. cannot proceed and must come to an end - The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court. (Arising out of impugned final judgment and order dated 04-03-2022 in A482 No.792/2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow) For Petitioner(s) Mr. Siddhartha Dave, Sr.Adv. Mr. Anirudh Jamwal, Adv. Ms. Jemiben, Adv. Mr. Chand Qureshi, AOR For Respondent(s) Mr. S.B. Upadhyay, Sr.Adv. For R.Nos.1-4 Mr. Aftab Raseed, Adv. Mr. Aftab Ali Khan, AOR For R.No.5 Mr. Rohit K. Singh, AOR Mr. Pritam Bishwas, Adv. Mr. Kislay Jha, Adv. Ms. Ruchi Gupta, Adv. Mr. Samarth Srivastava, Adv. O R D E R 1.
In this view of the matter, and without expressing any views on merits on the rival claims of the parties, this application is disposed of with a direction that the ad-interim order passed by the Court below shall continue to operate as an interim measure till the Civil Court, passes an appropriate order after hearing both the parties.
To avoid multiplicity of proceedings, it is, however, directed that both the parties shall not create any third party rights or encumberances over the property in dispute.
Order Date :- 11.11.2022/RPD