Allahabad High Court
Sumitra Devi vs State Of U P And 4 Others on 29 November, 2022
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 8462 of 2022 Petitioner :- Sumitra Devi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sarita Dwivedi,Puran Nath Shukla Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard Shri Puran Nath Shukla, learned counsel for the petitioner and learned A.G.A. Perused the record.
This is a petition under Article 226 of the Constitution of India whereby the petitioner has sought the following prayers :
"(i) to issue a writ, order or direction to set aside the order dated 18.3.2015 passed by respondent no.2 under SEction 145(8) & 146(1) Cr.P.C. in Case N.30/2014, Sumitra versus Mohan and others in the interest of justice.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide application dated 25.4.2022 expeditiously."
From the aforesaid prayers it is clear that the petitioner, who claims herself to be a recorded tenure holder of the land in question and on whose behalf above proceedings u/s 145 and 146 of Cr.P.C. were initiated against respondent nos.3 to 5. Learned Magistrate after being being satisfied has attached the property and handed it over to Ex-Pradhan of the village vide order dated 18.3.2015 and since then it is alleged that Ex-Pradhan of the village in connivance with respondent nos.3 to 5 is reaping out the agricultural proceeds and handing it over to respondent nos.3 to 5. It is also submitted by learned counsel for the petitioner that the petitioner is a recorded tenure holder of the land in question and has got every right over it. Now even after lapse of almost 7-8 years, no action has been taken in the above proceeding and in the garb of aforesaid order the respondent nos.3 to 5 are being benefitted with the agricultural proceeds. Left with no other option, the petitioner has moved an application on 13.5.2022 (Annexed as Annexure-4 to the petition) for withdrawing the entire proceeding and releasing the property in favour of petitioner.
After hearing the submissions advanced by learned counsel for the petitioner and learned A.G.A., without expressing any opinion on the ownership and the title of the land in dispute it may be said that if the proceedings u/s 145 & 146 Cr.P.C. were initiated at the behest of petitioner and now she does not want to press the proceedings then there would not be any impediment to decide the matter and drop the proceedings.
However, It is the S.D.M., Baberu, Banda has to take the call and decide the matter as prayed before him by the petitioner and take appropriate decision on the application dated 13.5.2022 within a period of next four weeks by passing a reasoned order in accordance with law.
The issue of title has to be decided by proper civil court. The concern S.D.M. is also directed to look into matter and decide the alleged partisan role of Ex-Pradhan of village who is allegedly favouring the contesting respondent nos.3 to 5 and if the allegation is found to be true, then suitable action is required to be taken against erring Ex-Pradhan, the alleged receiver of the property.
With the above observation, the petition stands disposed off.
Order Date :- 29.11.2022 M. Kumar