BABU LAL Vs. STATE OF U P

JUDGEMENT

(1.) Counter affidavit filed on behalf of the Opposite Party Nos. 2 to 10 is taken on record.

(2.) This Criminal Revision has been filed by the revisionist Babu Lal against the order dated 23.2.2010 passed by Judicial Magistrate, Chhata District Mathura in Criminal Case No. 241/IX/2009 rejecting the complaint of the revisionist Babu Lal for summoning Opposite Parties Nos. 2 to 10 as accused in the complaint case.

(3.) In brief, the facts of the case are that the revisionist Babu Lal moved an application under Section 156(3) Code of Criminal Procedure in the Court of Judicial Magistrate, Chhhata alleging therein that he is in possession of a house consisting of two rooms and a tin shed in front of the rooms and is living in the house with his family. Since the accused persons, named in the application were trying to dispossess the revisionist Babu Lal from the house in question, he filed Original Suit No. 15 of 2000 Babu lal v. Rajendra Singh, making a prayer that the Defendant Rajendra Singh may be restrained from dispossessing the Plaintiff Babu Lal from the house in question. This suit was filed on 29.1.2000. Subsequently, the Defendant of the Suit namely Rajendra Singh also filed Original Suit No. 63 of 2000 on 6.4.2000 for the ejectment of the complainant/ Plaintiff Babu Lal. Both these suits are pending in the civil Court.