SHEO KUMAR DUBE Vs. RAJ NARAIN DUBE

JUDGEMENT

(1.) PALOK Basu, J. This revision has been filed by Shiv Kumar Dube against the order of II Addl. Sessions Judge, Varanasi dated 30. 7. 90 thereby allowing the revision of the opposite party No. 1 Raj Narain Dube and directing the Magistrate to proceed with the case under Section 145, Cr. P. C. in accordance with law.

(2.) IT appears that on the basis of a police report proceedings under Section 145, Cr. P. C. were initiated in the Court of City Magistrate, Varansi. An objection was taken that since the matter relating to those very plots was covered under the provisions of Con solidation of Holdings Act as a revision of an order of the S. O. C. was pending before the D. D. C. , proceedings under Section 145, Cr. P. C. were not maintainable. The Magistrate allowed this objection and held that in view of the authority laid down in Ram Sumer's case, 1985 A Cr. R. 108. IT was not desirable to go not with the proceedings under Section 145, Cr. P. C. As stated above, this view did not prevail with the Sessions Judge, hence this revision.

(3.) THIS Court has held in the case reported in Ramji Bind v. State of U. P. , 1990 Vol. 1 (AWC) 194, that dropping of a proceeding by Magistrate on the strength of Ram Sumer's case may be ordered only when the following three findings are recorded by him; Firstly, whethere the subject-matter in proceedings under Section 145, Cr. P. C. . is the same which is the property in dispute before the Civil Court, secondly, whether the proceedings before Magistrate's Court will amount to parallel proceedings in view of dictum of the Supreme Court and thirdly, whether the concerned party can or should approach civil Court for appropriate remedy for avoiding parallel proceedings under Section 145, Cr. P. C.