RAJ BAHADUR Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Shri Sankatha Rai, learned counsel for the applicants and Shri M. D. Singh, learned counsel for the opposite party No. 2.

(2.) THIS revision has been filed challenging (the order dated 23rd of April, 1994 passed by the IX Additional District & Sessions Judge, Allahabad by which the revision filed by the opposite party No. 2 has been allowed and the order of the learned Magistrate dropping the proceeding under Section 145, Cr. P.C. has been set aside and the learned Magistrate has been directed to proceed further with the proceedings under Section 145, Cr. P.C. in accordance with law. The learned Magistrate by his order dated 29th of September, 1991 dropped the proceedings on the ground that the dispute between parties is pending before Civil Court and Revenue Court and interim orders have been passed which are operative between the parties, hence these proceedings are not necessary. The learned Sessions Judge however has disagreed with the conclusion of the learned Magistrate as the interim order passed by the revenue and civil court for maintaining status quo, which do not and cannot effectively prevent the parties from fighting for the land and property in dispute, and there remained apprehension of breach of peace.

(3.) A certified copy of this order may be issued to the learned counsel for the petitioner within three days on payment of usual charges. Revision rejected.