CHHEDDU AND ORS. Vs. SHAMSUNNISA AND ORS.

JUDGEMENT

(1.) In case no. 4/ 2005 Chheddu and others v. Faiyaz Ali & others, under section 145 CrPC Sub-Divisional Magistrate, Bindki, Fatehpur had passed first order dated 20-05-2005 u/s 145(1) CrPC by which notice was directed to be issued to opposite parties, and on same day second order u/s 146(1) CrPC was passed for attachment of disputed property of plot no. 548, with direction to police to hand over possession of said prooperty to any supurdgar. One opposite party of original case namely Shamsunnisa (present O.P. no.-1) had preferred two against the said two orders. Criminal Revision no. 147/ 2005 was filed against order u/s 146(1) CrPC, and another Criminal Revision no. 198/ 2005 was filed against order u/s 145(1) CrPC. In both revisions parties were same relating to same case. Both revisions were heard together and were decided jointly by one single judgment dated 23-02-2008 of the Sessions Judge, Fatehpur. This impugned judgment dated 23-02-2008 has been challenged by Chheddu and others (first party of original case no. 4/2005).

(2.) Admitted case of the parties is that civil suit no. 101/ 1993 Shamsunnisa v. Chheddu is pending in the Civil Court in which rights of the parties are involved and had to be declared. In said civil suit Court had passed interim injunction order. During pendency of proceedings of said suit no. 101/ 1993 proceedings of case no. 4/ 2005 Chheddu and others v. Faiyaz Ali & others, under section 145 CrPC was started in the court of Sub-Divisional Magistrate, Bindki, Fatehpur in which to orders u/s 145(1) CrPC for issuing notice and u/s 146(1) CrPC for attachment of property were passed. Then revisions filed against these two orders dated 20-05-2005 were allowed by impugned judgment of Sessions Court.

(3.) Learned counsel for the revisionist contended that two orders dated 20-05-2005 u/s 145(1) and 146(1) CrPC are merely interlocutory orders against which revision is not maintainable, therefore impugned judgment of Sessions Judge is erroneous and should be quashed.