LAKSHMI NARAYAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri. Ashutosh Mishra, learned counsel for the petitioners, Sri. Rajiv Kumar, Advocate holding brief of Sri. Kashif Gilani, learned counsel for the respondent Nos. 5 and 7, Sri. Rakesh Kumar Mishra, learned counsel for the respondent No. 6, Sri. Suraj Singh, learned A.G.A. for the State of U.P. and perused the record.

(2.) The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the order dtd. 28/8/2023 (Anneuxre-1) passed by learned Additional Sessions Judge-I, Court No. 1, Jaunpur in Criminal Revision No. 167 of 2023 (Rajkumar v. State of U.P.), arising out of Case No. 4287 of 2022 under Sec. 145 Cr. P.C. during the pendency of this present petition.

(3.) Briefly, the dispute pertains to Plot No. 287 Ka situated at Village Belwa, Tehsil Mariahu, District-Jaunpur, which belongs to the petitioner No. 1 Laxmi Narayan whose name was recorded in the CH Form 45 during the consolidation proceedings. The petitioner has been residing over the said plot after constructing a two storey house using the second floor for residential purpose and the first floor with a godown for running the shop.