- (1.) G. S. N. Tripathi, J. This is a revision under Section 397, Cr. P. C. directed against the order dated 30-7-1982 passed by the then IIIrd Addl. Sessions Judge, Etah in Criminal Revision No. 78 of 1982-Sewati Lal v. Ram Autar. That revision arose out of order dated 7-4-1982 passed by Sri R. B. Gupta, then Sub-Divisional Magistrate, Etah in Criminal Case No. 157 of 1981 under Section 145, Cr. P. C.
(2.) A preliminary order dated 10-94981 was drawn in proceeding under Section 145, Cr. P. C. The property in dispute is a house. Parties were directed to file their written statements. They accordingly filed written state ments claiming their title and possession over the disputed property. During the course of hearing, it was brought to the notice of the learned Executive Magistrate that a civil suit was already pending in the court of Civil Judge, Etah in respect of the same property and the learned Civil Judge had passed an exparte order of injunction against Sewati Lal and others (Revisionists before the learned Addl. Sessions Judge ). The learned Executive Magistrate found that in view of the fact that in the civil suit, the Civil Court had passed an interim injunction, the proceedings before the learned Executive Magistrate should be dropped. The interim order dated 21-7-1981 passed by Civil Judge, Etah, had also been produced before the learned Executive Magistrate, whereby Sewati Lal and others (landlords in civil suits) had been restrained from forcibly evicting Smt. Vijay Laxmi and others. Despite that order of Civil Court, Sewati Lal and others had tried to forcibly eject the plaintiff respondents. Therefore, they had moved an application under Section 145, Cr. P. C. Learned Executive Magistrate was of the opinion that as there was already an interim order in favour of the plaintiff-respondents, the property could not be attached as prayed by Sewati Lal as it would amount to inter ference in the order of the civil court and also a contempt. He did not deem it proper to go deeper into the matter as the civil court was in seisin of the matter. He directed the parties to abide by the order of the civil court and further directed the police to keep an eye upon the situation so it may not take a worse shape.
(3.) FEELING aggrieved, Sewati Lal and others filed a revision before the learned Addl. Sessions Judge. After hearing learned counsel for the parties, learned Addl. Sessions Judge observed that the Executive Magistrate should have passed his own order and not withdrawn the proceedings under Section 145, Cr. P. C. He remanded the matter before him for decision of the case in accordance with law. Feeling aggrieved by this order, Ram Autar and others filed this revision No. 1957 of 1982 before this Court.;