OM PRAKASH SINGH Vs. STATE OF UP

JUDGEMENT

(1.) THIS criminal revision has been directed against the judgment and order dated 17.10.2002 passed by Additional Sessions Judge, Court No. 1, Varanasi in Criminal Revision No. 189 of 1998 (Lal Mani Singh v. State of U.P. and others), where under the revision has been allowed and the order dated 20.2.1998 passed by lllrd Judicial Magistrate, Varanasi has been set aside.

(2.) I have heard Shri V. Singh, learned counsel for the revisionists, learned A.G.A. for the respondent No. 1 and Shri C.K. Parekh, learned counsel for respondent No. 2 on this revision and perused the record.

(3.) THE learned counsel for the revisionists has contended that the judgment and order passed by the learned Court below is illegal and contrary to material on record, because the revisionists No. 1 to 3 moved mutation application on the basis of registered sale deed executed in their favour and Assistant Consolidation Officer, Varanasi passed order dated 18.12.1990 mutating the names of the revisionists No. 1 to 3, against which Appeal No. 3290/508/319/901 (Smt. Radhikha Devi v. Om Prakash Singh and others) was filed before the S.O.C., Varanasi. Smt. Radhikha Devi and Smt. Ilambas also filed Original Suit No. 521 of 1993 (Smt. Radhikha Devi v. Om Prakash Singh and others) in the Civil Court for cancellation of the sale deed, which could not be decided by the civil Court and thus the Revisional Court committed illegality in allowing the revision without considering the fact of filing of the sale deed in mutation Court. Thus the complaint was barred by Section 195 of Cr.P.C. because the cognizance thereupon could be taken on the basis of the complaint filed by the Court itself.