PRABHAT KUMAR Vs. STATE OF U.P AND ANOTHER
LAWS(ALL)-1995-3-142
HIGH COURT OF ALLAHABAD
Decided on March 07,1995

PRABHAT KUMAR Appellant
VERSUS
State Of U.P And Another Respondents

JUDGEMENT

K.L. Sharma, J. - (1.) This is a petition under Section 482 Criminal Procedure Code for quashing the proceedings under Section 145 Criminal Procedure Code pending in the court of S.D.M. Sikandra Rao, Aligarh in case no. 112 of 1986. I have heard Sri S.S. Chauhan and Sri K.M. Singh counsel for applicant and Sri S.K. Kulshrestha counsel for opposite party no. 2 as well as learned A.G.A. and perused the record. It is an admitted fact that the proceedings relating to title and possession of the disputed land were pending between the parties when the application under Section 145 Criminal Procedure Code was moved before the S.D.M. Sikandra Rao. The revenue proceedings have been finalised up to the level of Board of Revenue but a writ petition against the decision of the Board of Revenue is said to be pending in the High Court. Both the learned counsel agree that in view of the pendency of the revenue proceedings in the form of writ petition before the High Court the proceedings under Section 145 Criminal Procedure Code initiated in the year 1986 and stayed by an order of this court on 10.2.97 in the present petition, are not legally maintainable and are liable to be quashed. Consequently this petition is hereby allowed and the impugned order dated 4.9.86 passed by S.D.M. Sikandra Rao, Distt. Aligarh in Crl. case no. 112 of 1986 under Section 145 Criminal Procedure Case between Ram Prasad v. Prabhat Kumar is hereby quashed and the proceedings in that case are also hereby quashed. The interim order dated 10.2.87 is hereby vacated. Let a certified copy of this order be issued on payment of usual fee within 2 days. Petition Allowed.;


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