Allahabad High Court
Sukh Lal Rathore vs State Of U.P. on 25 November, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 38722 of 2022 Applicant :- Sukh Lal Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Jata Shankar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The applicant, through the present application under section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Case No. 1476 of 2021 (Smt. Somwati Vs Sukh Lal Rathore), under section 145 and 146 (1) Cr.P.C. and impugned order dated 9.11.2022 passe by City Magistrate, Firozabad.
It is contended by learned counsel for the applicants that City Magistrate, Firozabad 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 3.6.2021.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 :- 25.11.2022/RPD