JANJIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been filed challenging the judgment and order dated 21-9-1996 passed by Special Additional Sessions Judge, Mirzapur whereby after allowing the revision he has set aside the order of the Sub Divisional Magistrate in proceedings under Section 145, Cr. P.C. and directed the said Magistrate to proceed in accordance with law and in the light of the direction and observation made in the judgment.

(2.) The facts giving rise to this revision are that proceedings under Section 145, Cr. P.C. were initiated in which the preliminary order was passed so also an order of attachment under Section 145(8), Cr. P.C. A revision was preferred against that order which was dismissed by the Sessions Judge, Mirzapur on 17-4-1995 with the observation that the orders were interlocutory order against which no revision can be maintained. In that order, Annexure-3 to the counter affidavit, the question of maintainability of proceedings under Section 145, Cr. P.C. in face of pendency of civil suit No. 662 of 1994 in respect of the same property was also considered. The learned Magistrate passed a final order dropping the proceedings under Section 145, Cr. P.C. in view of the pendency of civil suit. A revision was preferred against this order which was allowed under the impugned order.

(3.) Learned counsel for the revisionist has assailed the impugned order mainly on the ground that since the civil suit between the same parties in respect of the same property was pending in which the question of possession is to be investigated and injunction was refused to the plaintiff-opposite party No. 2 hence criminal proceedings under Section 145, Cr. P.C. could not be continued and the order of the learned Magistrate is justified whereas the order of the revisional Court being illegal deserves to be set-aside.