PARAS RAM DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed for setting aside the order dated 28.8.2008 passed by the Judicial Magistrate-II, Faizabad (Now Ayodhya Ji) in Case No.2427 of 2008 and the judgement and order dated 23.10.2008 passed by the Session Judge, Faizabad in Revision No.Nil of 2008.

(2.) Judicial Magistrate-II, Faizabad has rejected the prayer of the petitioners for dropping the proceedings in Case No.2427 of 2008 pending before him. Against the aforesaid order, a revision was filed and the revisional court has also dismissed the revision on the ground that once the cognizance has been taken in good faith even erroneously, the proceedings cannot get vitiated in view of the provisions contained under Section 460 Cr.P.C.

(3.) The facts as stated in the petition, are that petitioner no.1 had filed a regular Suit no.294 of 2002 for permanent injunction regarding Sahan land of residential house, which was used as a passage by both the families with the prayer to restrain the opposite parties from making any construction over the land in question. The court concerned had passed an order directing both the parties to maintain status-quo on the land in question, which is still operative.