KALI CHARAN Vs. RAM RATAN

JUDGEMENT

(1.) PETITIONER , Kalicharan, aggrieved by order dated 31st of March 1986 passed by 3rd Addl. Sessions Judge Bhind, in Cr. R. No. 31 of 86, quashing proceedings u/s 145 Cr. P.C. on the ground of pending civil litigation between the parties has preferred this revision petition. The order which was challenged before the Addl. Sessions Judge was relating to rejection of an application preferred by respondents No.1 & 2 for non -auctioning of crop on the disputed land, which was rejected by the S.D.M.

(2.) IT is not in dispute that Civil litigation was pending between the party. Order sheet dated 25.6.91 takes note of the fact, that the civil suit was decided long back. Photo stat copy of Judgment and Decree order dated 16th Feb. 1981 passed in civil suit No. 17 N73 are available on record of Lower Court. The learned Add!. Sessions Judge, in his order paragraph 8 has noted that an appeal was pending against the aforesaid judgment and decree, in which no stay was granted by the Appellate Court.

(3.) FOR the reasons stated above no ground has been made out for interfering with the impugned order. In the result the petition fails and is accordingly dismissed with no order as to cost. AIR 1985 SC 472 followed.