FURHE KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mohan Singh, learned counsel for the applicant, Sri Suresh Chandra Srivastava, learned counsel for opposite party no. 4, Sri Nirmal Kumar Pandey, learned A.G.A. for the State.

(2.) Instant application has been filed with prayer to quash the impugned proceedings of Computerized Case No. T201808620302227, State of U.P. Vs Akhtar & others U/s 145 Cr.P.C pending in the court of Sub-Divisional Magistrate Jamunha, P.S. Malhipur, District Shravasti as well as the impugned order dtd. 5/8/2019 passed by the learned Additional Sessions Judge/Fast Track Court-II, Shravasti, in Crl. Revision No.70/2018, Furhe Khan & others Vs State of U.P. & others, and impugned orders dtd. 11/7/2018 (U/s 145 Cr.P.C.) & 11/7/2018 (U/ss-145/146 Cr.P.C.) passed by the opposite party no. 2.

(3.) The factual matrix of the case is that the land Gata No. 2 measuring area 1.5830 hectares situated in Patpar Ganj, Tehsil- Jamunaha District- Shravasti was recorded in the name of the applicant and the opposite party no. 5, in the revenue record. On 22/10/2016, the opposite party no. 5 transferred his share to opposite party no. 4 by way of executing a registered sale deed and thereafter, the same was mutated in favour of opposite party no. 4. On 27/10/2016 the opposite party no. 4 on the basis of sale deed, started creating hindrance in the possession of the other tenure holders including the present applicants and the applicant no. 1 filed a suit for division of holdings, under Sec. 116 of U. P. Revenue Code 2006 before the Sub-Divisional Officer and after institution of the aforesaid suit, the Sub-Divisional Officer passed the order while directing the parties to maintain status-quo as was existed on 20/10/2016. The opposite party nos. 4 and 5 were also the parties in the aforesaid suit. On 11/5/2018 the partition suit was decided and on 14/5/2018, the applicants no. 1 and 3 filed an appeal under Sec. 207 of the Code, 2006 before the Divisional Commissioner Devi Patan Mandal Gonda. The appeal was admitted and interim order was passed on 22/5/2018 that the parties shall maintain status quo regarding the property in question. On 7/6/2018, the opposite party no. 4 filed writ petition namely Miscellaneous Single No. 17523 of 2018 (Smt. Shakira Khan vs State of U.P.), wherein, this Court has passed the order on 7/6/2018, which is read as under:-