NAVAL KISHORE Vs. STATE OF U. P.

JUDGEMENT

(1.) Pursuant to my earlier orders of this Court dtd. 8/8/2022, the Court was compelled to call Sri Prabhakar Chaudhary, S.S.P.,Agra and Sri Bhupendra Singh, S.H.O., Tajganj, Agra before the Court. On the earlier occasion dtd. 19/7/2022, the S.H.O., Tajganj, Agra was summoned but his conspicuous absence in the defiance of this Court's earlier order has compelled the Court to summon the S.S.P, Agra. Both the police officials are present before this Court today.

(2.) Heard S/Shri Bala Nath Mishra, Sri Sachin Mishra, learned counsel for the revisionists, Sri O.P.Singh, Senior Advocate assisted by Rakesh Chandra Upadhyay, learned counsel for the opposite party and learned AGA for the State and perused the record.

(3.) This is an interesting case, whereby, the S.H.O. of P.S. Tajganj assuming the powers of civil court have decided the title and the ownership over property in dispute in the proceeding under Sec. 145 and 146 Cr.P.C. and have handed over the property to the person of his choice i.e. opposite party nos. 3 and 4. The concerned City Magistrate, Agra blindly toeing the lines of S.H.O., Tajganj, vide impugned order dtd. 31/5/2022 have dropped the proceeding under Sec. 145(5) Cr.P.C. and have consciously passed the ambiguous order dtd. 31/5/2022 giving full opportunity to the concerned S.H.O. to interpret the order in his own way and hand over the keys & possession to opposite party nos. 3 and