BABBAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Romeshwari Prasad, learned counsel for the petitioners, Sri Himanshu Srivastava, holding brief of Sri Vinay Kumar Pandey, learned counsel for the respondents, Sri Rajesh Kumar Gupta, learned A.G.A. for the State and perused the record.

(2.) By means of this petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the impugned orders dtd. 18/8/2023 passed by learned Additional Session Judge, Court No. 1, Varanasi in Criminal Revision No. 102 of 2021 Babbar @ Pabbar and others Vs. State of U.P. and others and order dtd. 27/2/2021 passed by learned Sub-Divisional Magistrate, Sadar, Varanasi in Case No. 15142 of 2020, under Sec. 145 Cr.P.C., P.S.-Maduadih, District-Varanasi, Ravindra Sonker Vs. Babbar and further not to interfere in the peaceful possession of the petitioners' property during the pendency of this present writ petition.

(3.) The main submission of learned counsel for the petitioners is that the petitioners are in the peaceful possession of Arazi No. 223/1 admeasuring 2720 square ft. land for the last 45-50 years. By initiating the proceedings under Sec. 145/146 Cr.P.C. before the Sub-Divisional Officer, Sadar, Varanasi, the respondents are trying to take illegal and forceful possession of his property. It has also been submitted that a civil suit is already pending between the parties before the Competent Court of law, therefore, there was no occasion to institute a parallel proceeding under Ss. 145 and 146 Cr.P.C. There was no likelihood of the breach of peace and the instant proceedings have been endeavoured to harass the petitioners under the garb of Sec. 145 Cr.P.C. in order to settle their personal score.