Palok Basu, J. - (1.) This revision has been filed by Shiv Kumar Dube against the order of 11 Addl. Sessions Judge, Varanasi dated 30.7.90 thereby allowing the revision of the opposite party No. 1 Raj Narain Dube and directing the Magistrate to proceed with the case under Section 145, Cr.P.C. in accordance with law.
(2.) It appears that on the basis of a police report proceedings under Section 145, Cr.P.C. were initiated in the court of City Magistrate, Varanasi. An objection was taken that since the matter relating to those very plots was covered under the provisions of Consolidation of Holdings Act as a revision of an order of the S.O.C. was pending before the D.D.C., proceedings under Section 145, Cr.P.C. were not maintainable. The Magistrate allowed this objection and held that in. view of the authority laid down in Ram Sumer's case (1) it was not desirable to go on with the proceedings under Section 145, Cr.P.C. As stated above, this view did not prevail with the Sessions Judge, hence this revision.
(3.) Sri S.D. Pathak, learned counsel for the applicant relied upon Ram Sumer's case and said that the present case should not continue any more because of the pendency of the title question before the Deputy Director of Consolidation. Sri A.R. Dube, learned counsel for the opposite party, however, has objection and said that since no injunction or the like order can be passed by the consolidation courts, the proceedings under Section 145, Cr.P.C. must go on to its logical conclusion.;