VIRENDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Krishna Nand Yadav, learned A.G.A. for the State and perused the record.

(2.) The present revision under Sec. 397/401 of Cr.P.C. has been preferred by the accused persons against the judgment and order dtd. 30/3/2013 passed by the Sub Divisional Magistrate Sadar, District Maharajganj in Complaint Case No. 119/123 (State vs. Ram Bhawan & others) under Sec. 145 of Cr.P.C., Police Station- Chowk, District Maharajganj. The Sub Divisional Magistrate, Sadar, Maharajganj vide impugned order has attached 1/2 part of the land in dispute Araji No. 550, Ara 0.737 hectare, Araji No. 573, Area 1.753 Hectare, Araji No. 606, Area 1.181 Hectare and Araji No. 454, Area 0.117 Hectare, till disposal of the question of right and title of the parties. He also directed the S.H.O- Chowk to take possession of the plots in dispute and give the entrustment of same to any impartial person who will provide the statement of income and expenditure of the plots before the Court from time to time. Any further proceeding in the case will not be undertaken after the final adjudication of the question of succession of the property of deceased- Shahdeo.

(3.) Feeling aggrieved by the impugned order, all the opposite parties, who are collateral of the deceased- Ram Bhavan and the original owner of the property, have filed present revision before this Court under Sec. 397/401 Cr.P.C. Notices were issued to the respondent- first party before the Court of Magistrate and they put in appearance through their counsel and filed counter affidavit on 16/9/2016, which is placed on record.