- (1.) Heard learned counsel for the parties and perused the impugned order.
(2.) The revisionist is aggrieved by the order dated 25.4.2011, passed by the Sub Divisional Magistrate, Rampur Maniharan, District Saharanpur in Proceedings under Section 145 Cr.P.C., whereby the learned Sub Divisional Magistrate cancelled the notice and preliminary orders passed under Section 145(1) Cr.P.C. And Section 146 (1) Cr.P.C. but directed the parties to maintain the status-quo with regard to the property in dispute and further provided that the disputed land will remain in custody of the Supurdgar till any order is passed by the Civil Court.
(3.) It appears that the proceedings under Section 145 Cr.P.C. Were initiated on the basis of the police report dated 21.4.2013, in which the police reported that the plot no. 81 measuring 1.862 hectare and plot no.322 measuring 0.909 hectare situated at village Tapri, Police Station Badgaon, on which there was standing crop of wheat and sugar-cane, there was a dispute between the parties. The learned Sub Divisional Magistrate passed a preliminary order under Section 145(1) Cr.P.C. and simultaneously on the same day passed another order under Section 146(1) Cr.P.C. for attachment of the land along with the standing crops. Both the aforesaid orders were passed on 23.4.2003. Feeling aggrieved by the aforesaid order a criminal revision no. 1200/2003 was filed in the High Court at Allahabad. This revision was disposed of on 30.4.2003 with the observation that since the dispute between the parties in respect of the same subject matter was pending in the civil court, the Magistrate should have dropped the proceedings in view of the injunction order passed by the civil court. This Court further directed the Sub Divisional Magistrate to decide the objections expeditiously after giving opportunity of hearing to both the parties. In compliance of the aforesaid order the learned Magistrate examined the matter and after giving opportunity of hearing to the parties, passed the impugned order, by which the notice and orders issued under Sections 145(1) & 146(1) Cr.P.C. were cancelled but it was provided that till the decision of the competent civil court the property in dispute will remain in the custody of Supurdgar. The revisionist is aggrieved by only this part of the order, which provided that the disputed property will remain in the possession of the Supurdgar.;