JAYANT BANERJI, J. - (1.) Heard Shri Virendra Singh, learned counsel for the revisionist, Shri C.K. Singh, learned counsel for the O.P. Nos. 2 and 3 and learned A.G.A. for the State.
(2.) This criminal revision has been filed against the judgement and order dated 17.3.2018 passed by the Sessions Judge, Sonbhadra in Criminal Revision No. 2 of 2016 (Mahendra Singh Vs. State of U.P. and others), whereby, while allowing the revision, the order dated 22.1.2014 passed by the Sub-Divisional Magistrate, Robertsganj, District Sonbhadra in Case No. 41 of 2014 (Balram Singh Vs. Krishna Pratap Singh) passed under Section 145(1) and 146(1) Cr.P.C. was set aside and the matter was remanded.
(3.) From perusal of the affidavit it appears that the revisionist and the O.P. Nos. 2 and 3 are relatives and are descendants of a common ancestor namely Nathu Singh who had acquired property in village Mahuliya, Pargana Badhar, Tehsil Robertsganj, district Sonbhadra. In due course of time, part of the property devolved on the revisionist. Thereafter, the village Mahuliya came under consolidation operations. There occurred some dispute with regard to the plot no. 127, village Mahuliya. However, it is stated, mutual partition took place between the family members and Balram Singh (the revisionist) was given entire area of plot no. 126, 127 and 128 in village Mahuliya. However, on 26.12.2013, when the revisionist tried to raise the level of plot no. 127 then the respondent nos. 2 and 3 stopped him from doing so on the ground that on plot no. 127 their name was recorded. Then on enquiry the revisionist came to know that a fraud had been committed during consolidation proceedings and an order dated 15.7.1989 was obtained. The revisionist filed a restoration application before the Consolidation Officer which was rejected and thereafter the appeal filed by him before the Settlement Officer of Consolidation was allowed and the Consolidation Officer was directed to decide the case on merit. It has been stated that the case is pending before the Consolidation Authorities.;