JAI VEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners here complain that the Executive Magistrate, in the purported exercise of his power under Section 145 (1) of the Code of Criminal Procedure, 1973 (for short "Code") has usurped the civil court's jurisdiction and passed orders that only the civil court could have done.

(2.) Truly speaking, the controversy involved in this petition under Article 227 of the Constitution is about the Executive Magistrate's jurisdiction to pass the order impugned dated 13.01.2017, under Section 145 of the Code, that has met with approval of the Additional Sessions Judge in a revision carried by the petitioners from the Magistrate's order.

(3.) The dispute is about 16 decimals of land, a part of Khasra No. 359, situated in Mauza Abhaipur, Pargana Shamshadbad East, Tehsil - Sadar, District - Farrukhabad. The total area of Khasra No. 359 is 1.43 acres. Smt. Radha, wife of Luxmi Narain and Smt. Tara Devi, wife of Vidwan Singh, both natives of Village Abhaipur, Police Station - Mohammadabad, District - Farrukhabad claim to be the title holders in possession of the 16 decimals of Khasra No. 359 last mentioned. The land aforesaid is hereinafter referred to as "the land in dispute". Smt. Radha and Smt. Tara Devi are respondent nos. 2 and 3 to this petition. For the sake of convenience, they shall hereinafter be referred to as "the respondents".