PHOOL KUMARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal revision is directed against judgement and order dated 10.01.2002 passed by K.K. Sharma, Special Judge (SC/ST Act)/ Additional Sessions Judge, Jalaun at Orai, in Criminal Revision No. 74 of 1997 (Satya Narain Dubey and 2 others Vs. Smt. Phool Kumari) and Criminal Revision No. 109/97 (Smt. Phool Kumari Vs. Satya Narain and 3 others), whereby aforesaid revisions arising out of order dated 28.2.1997 passed by Sub Divisional Magistrate, Orai in Case No. 12 of 1994 (Smt. Phool Kumari Vs. Satya Narain and 3 others) under section 133 Cr.P.C. have been disposed of by directing that order dated 28.2.1997 passed by Sub Divisional Magistrate, Orai under Section 133 Cr. P. C. shall stand quashed and entire proceedings under Section 133 Cr. P. C. shall remain stayed. Parties to the dispute were further directed to approach competent civil court for getting their rights in respect of disputed property, determined in accordance with law. Till disposal matter regarding rights of parties regarding property in dispute was decided by the competent civil court, proceedings under Section 133 Cr. P. C. shall remain stayed.

(2.) I have heard Mr. Dharam Pal Singh, learned Senior counsel assisted by Mr. Jitendra Kumar, learned counsel for revisionist and learned A.G.A. for State. In spite of revision of cause list, no one appeared on behalf of opposite party No. 1 even though name of Mr. D.K. Srivastava is duly published in the cause list. Consequently, Court has proceeded to hear learned counsel for revisionist and decide the same.

(3.) Instant criminal revision came up for admission on 16.04.2002 and this Court passed following order:-