NIHAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a criminal revision against the judgment- and order dated 26.6.199 1 passed by the learned City Magistrate, Agra in Criminal Case No. 13 of 1991 State v. Sardar Singh and another under section 145 Cr.P.C. suspending the proceedings and directing for continuing attachment of the shop of the revisionist.

(2.) The facts of the case giving rise to this criminal revision briefly stated are that the revisionist Nihal Singh filed a civil suit being the civil suit No. 463 of 1990 Nihal Singh v. Sardar Singh on 9.4.1990 for a permanent injunction against the defendant from in terfering with his possession over the shop No. 9/3 situate in Bagh Muzaffar Khan, Agra. The plaintiff Nihal Singh moved an ad- interim injunction application simultaneously with the institution of the said suit. An ex parte ad- interim injunction was obtained by him on the basis of that application. The defendant Sardar Singh filed objection against the ad-interim injunction application. The ad-interim injunction application was ultimately rejected on 11.5.1990 while setting aside the injunction order passed thereon. Against the rejection order dated 11.5.1990 the plaintiff Nihal Singh preferred a Misc. appeal being Misc. Appeal No. 149 of 1990 Nihal Singh v. Sardar Singh. That appeal was allowed by the learned IX Additional District Judge, Agra vide his detailed judgment and order dated 25.4.1991 while allowing the ad-interim injunction application and setting aside the order dated 11.5.1990 passed by the learned Additional Civil Judge, Agra rejecting the same. The learned IX Additional District Judge, Agra restrained the defendant Sardar Singh through his aforesaid judgment -and order from evicting Nihal Singh illegally from the shop in dispute during the pendency of the aforesaid suit.

(3.) It is further alleged that Sardar Singh concealing all the facts regarding the pendency of the aforesaid civil suit between the same parties in respect of the same subject matter moved an application before the City Magistrate, Agra on 20.4.1990 for the initiation of the proceedings under section 145 Cr.P.C. The learned City Magistrate called for a report from the police station Han Parwat vide his order dated 25.4. 1990. The police submitted report on 27.4 .1990 allegedly in collusion with the opposite party No.2 Sardar Singh. A telegram to that effect was sent to the District Magistrate, Superintendent of P0 lice Agra, City Magistrate and S.H.O., P.S. Han Parwat each vide Annexure-1. The police also initiated proceedings under section, 107/116 Cr.P.C. which is still pending.