Dinesh Kumar Singh, J. - (1.) This petition under Section 482 Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed impugning the order dated 28th May, 2016 passed by the Sub-Divisional Magistrate, Tahsil Mahsi, District Bahraich in Case No.55/35, under Section 145/146 Cr.P.C., Police Station Hardi, Tahsil Mahsi, District Bahraich by which the learned Magistrate declined to pass/issue order under Section 145 Cr.P.C. on an application filed by the petitioner. The learned Magistrate was of the view that Regular Civil Suit No.345 of 2014 is pending before the competent Court with respect to the property in question and, therefore, when the civil suit is pending between the parties, it would not be proper to exercise jurisdiction under Section 145 Cr.P.C.
(2.) Aggrieved by the aforesaid order of the Sub-Divisional Magistrate, the petitioner approached the Additional Sessions Judge/Fast Track Court-I, Bahraich by way of filing Criminal Revision No.93 of 2016. However, the Revisional Court vide impugned order dated 13th November, 2017 has dismissed the revision. The revisional Court has relied on the judgment of the Supreme Court in Ram Sumer Puri Mahant vs State Of U.P. and Ors, 1985 1 SCC 427.
(3.) I have considered arguments advanced by the learned counsel for the petitioner and heard Shri Vishnu Dev Shukla, learned Additional Government Advocate representing the State.;