RAMESH KUMAR SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rajiv Kumar Tripathi holding brief of Shri Brij Raj Tripathi and learned A.G.A. None appeared for opposite party no.2 and 3 in the revised list.

(2.) Revisionist has challenged the order dated 08.11.2006 passed by the learned IInd Additional Sessions Judge Bahraich in Criminal Revision No.564/2004, Dharmendra Kumar and Others vs. State and Others whereby the learned revisional court has allowed the revision and set-aside the impugned order dated 22.11.2004 passed by the learned SDM Nanpara, District Bahraich in Case No. Misc. 1/2004 Ramesh Kumar vs. Dharmendra Kumar and Akhilesh Kumar dated 22.11.2004.

(3.) Learned counsel for the revisionist submits that the revisional court has erred in allowing the revision and setting aside the order dated 22.11.2004 passed by the learned Magistrate. It is submitted that initially case under section 145 CrPC with no.41/93/13/94/2/95 Ramesh Kumar vs. Badri Prasad was filed which was decided by the learned Magistrate vide order dated 11.3.1996. It was mentioned in the order that a civil suit is pending before competent civil court regarding cancellation of sale deed and orders for maintaining the status quo have been passed by the civil court. On the basis of this assertions the learned Magistrate has dropped the proceedings under section 145 CrPC. At the same time learned Magistrate also ordered that the parties shall maintain the status quo as per the orders of the civil court. They shall not take possession except without order of the civil court.