SHASHI BHUSHAN GUPTA Vs. MOOL CHANDRA GUPTA

JUDGEMENT

(1.) This is a criminal revision against the judgement and order dated 27-7-1992 passed by Sri Krishna Kumar, the then Additional District and Sessions Judge, Kannauj, district Farrukhabad in criminal revision No. 26/92 (Mool Chand Gupta v. Shashi Bhushan Guptaj whereby the learned Additional District and Sessions Judge, Kannauj, district Farrukhabad directed the City Magistrate, Farukhabad not to stay the proceedings of Criminal case No. 26 of 1992 under Section 145 Cr. P.C. but to dispose of the same in accordance with the provisions of Section 145 Cr. P.C.

(2.) It appears that there existed an apprehension of breach of peace over the possession of a house situate in Mohalla Haji Ganj Khurd, Kasba Kannauj,P. S. Kannauj, district Farukhabad in between Sanjeev Kumar Gupta son of Mool Chand and Ram Lal Gupta and 5 others. Proceedings under Section 145 Cr. P.C. were initiated on an application being moved by Sri Sanjeev Kumar Gupta son of Mool Chand Gupta. The learned Magistrate after hearing the parties found that a civil suit with regard to the possession of the house in dispute was pending before the Civil Court Farrukhabad. The learned Magistrate accordingly directed that the proceedings of the case under Section 145 Cr. P.C. pending before him be stayed during the pendency of the civil suit. The first party Mool Chand Gupta went up in revision against the said order passed by the learned Magistrate before the Sessions Judge, Farrukhabad. The said revision was decided by Sri Krishna Kumar, Additional District and Sessions Judge Farrukhabad as per his judgement dated 27-7-1992. The second party feeling aggrieved by the said judgement and order of the Additional District and Sessions Judge, Farrukhabad have, therefore, come up in revision before this Court.

(3.) I have heard Sri. U. C. Misra, learned counsel for the revisionist the second party and Sri Daleep Gupta Advocate for the O. P. first party; considered their contentions and have gone through the facts and circumstances of the case.