BINDA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mohd. Arif Khan, learned counsel for the revisionist, Sri D.C. Mukherjee, learned counsel for respondent and Sri Rizwan Kamal, learned AGA for the State.

(2.) This criminal revision has been filed by Smt. Binda Devi challenging the judgment dated 22.12.2000 passed by Special Judge (S.C. & S.T. Act), Unnao by which revision filed against order dated 30.8.2000 passed by Sub Divisional Magistrate, Safipur, Unnao under Sections 145/146(1) of Criminal Procedure Code for attachment of property in dispute, was dismissed.

(3.) As per factual matrix of the case, a proceeding under Section145(1) was initiated on a report of Inspector Incharge Kotwali Safipur dated 28.10.1998 by which it was alleged that Smt. Binda Devi was married in village Deogaon Pargana, Tehsil Safipur, District-Unnao. But unfortunately she became widow. Agricultural property of Binda Devi's husband is in possession of Vimal Chandra while name of Binda Devi is entered in revenue record. Several cases are pending between the parties but no final decision has yet been given in any case. There is dispute regarding reaping and sowing of crops. On this report, notice was issued to the parties. Vimal Chandra opposite party appeared and filed objection and prayed for dismissing the proceeding under Section 145 Cr.P.C. During the pendency of the proceedings, an order of attachment was passed under Section 145(8) of the Cr.P.C. vide order dated 13.4.2000, the agricultural produce (crop) was attached and it was directed that this crop be given in custody of an independent person who shall after reaping the crop sell it and deposit the amount in the Court. Criminal revision was filed against that order which was dismissed by Sessions Judge Unnao. Later on an application was moved by revisionist for attachment under Section 146(1) of Cr.P.C. and Sub Divisional Magistrate, Safipur Unnao vide order dated 30.8.2000 attached the disputed property and directed Inspector Incharge Kotwali Safipur to name any independent person alongwith full details so that the disputed property be given into his custody and directed both the parties not to do any agricultural work on the disputed land. Feeling aggrieved, Criminal Revision No.84 of 2000 was filed by Vimal Chandra which was allowed and order dated 30.8.2000 was set aside. Feeling aggrieved this criminal revision has been filed by Smt. Binda Devi.