RAM KRISHNA Vs. STATE OF U P PRINCIPAL SECY (HOME),CIVIL SECRETARIAT,LUCKNOW
LAWS(ALL)-2015-4-406
HIGH COURT OF ALLAHABAD
Decided on April 08,2015

RAM KRISHNA Appellant
VERSUS
State Of U P Principal Secy (Home),Civil Secretariat,Lucknow Respondents

JUDGEMENT

- (1.) INSPITE of filing of Vakalatnama, learned counsel for the opposite party no. 2 is not present.
(2.) HEARD learned counsel for the petitioner and the learned AGA and perused the record.
(3.) IN this petition under Section 482 Cr.P.C., impugned order dated 03.08.2002 passed by the Sub Divisional Magistrate, Lalganj, Pratapgarh in Case No. 54/36 Cr.P.C, whereby the property in dispute has been attached under Section 146 (1) Cr.P.C. and also order dated 29.11.2002 passed by the Additional Sessions Judge /FTC -V, Pratapgarh in Criminal Revision No. 344 of 2002 have been challenged. The order dated 3.8.2002 has been affirmed by the sessions Judge in revision. When this petition was filed, the proceedings under section 145/146 Cr.P.C. pending in the court of S.D.M. were stayed by this Court. But after exchange of the pleadings when the case was listed for hearing, no body had appeared for the petitioner to press this petition. This Court vide order dated 8.3.2013 dismissed the petition and vacated the interim order dated 30.1.2003 granted by this Court. This Court found that interim order granted by this Court on 30.1.2003 should not be continued as title and possession of the disputed property is sub judice in civil proceeding pending in between the parties.;


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