SYED RAZA ABBAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Agendra Sinha, the learned counsel for the applicant and Sri. Rajesh Kumar Singh the learned AGA-I for the State.

(2.) By means of the instant application filed under Sec. 528 BNSS, the petitioner has challenged the validity of an order dtd. 7/9/2015 passed by the Addl. City Magistrate, Lucknow in Miscellaneous Case No.03 of 2015, which was instituted on the basis of the applicant's application under Sec. 145 Cr.P.C.

(3.) It is recorded in the impugned order dtd. 7/9/2015 that the Kothari in dispute is in possession of the opposite party No.2, there was no breach of peace and the matter related to title dispute which is pending adjudication before the Civil Court. The title can be decided by the Competent Court and the parties should seek relief from the Competent Court only. The Addl. City Magistrate accordingly closed the proceedings.