SUDARSHA AVASTHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Revision has been filed by the revisionist against the judgment and order dated 04.07.2015 passed by the Additional District Judge/ E.C. Act, Lucknow in Criminal Revision No.16 of 2015 whereby learned Revisional Court has allowed the revision filed by opposite party No.2 and remanded the matter back to the Court below to decide the same after affording opportunity of hearing and giving liberty to produce evidence in accordance with Section 144(4) Cr.P.C. Learned Revisional Court has also directed the Court below to decide the matter within three months.

(2.) The proceedings under section 145 Cr.P.C. were initiated on the basis of police report dated 18th March 2000. Learned 1st City Magistrate, Lucknow vide order dated 7th January, 2015 held that the revisionist was in possession of the house in question on 13th March, 2000 and the respondents had never been in possession of that house. On 17th March, 2000, the respondents tried to take forcible possession of the house and due to that reason there appeared to be apprehension of breach of peace. It got established that the revisionist was in possession of the premises in question even before the date of preliminary order dated 18 March, 2000 passed under Sections 145(1) and 146(1) Cr.P.C. whereby property in question was attached. Therefore, order dated 18th March, 2000 was recalled and the respondents were directed not to interfere in any manner with the peaceful possession of the revisionist of the premises in question. It was further held that the revisionist was entitled to keep the house in his possession till he was dispossessed in accordance with law. The S.H.O., Police Station Hussainganj was directed to hand over the possession of the house in favour of the revisionist and if there was apprehension of breach of peace, then police would take all steps under the law to maintain the possession of the revisionist and maintain peace.

(3.) In pursuance of the order dated 7th March, 2015, the police handed over the possession of the property in question to the revisionist on 22nd January, 2015.