OM PRAKASH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been preferred against the impugned order dated 11.01.2019 passed by the City Magistrate, Gorakhpur u/s 133(1) of Cr.P.C. in Case No.D201805310000230 of 2017 (Mohd. Salim vs. Om Prakash Pandey), P.S.-Cantt., District-Gorakhpur.

(2.) Matter was taken up on 15.02.2019 by the preceding bench of this Court and the effect and operation of order dated 11.01.2019 passed by the City Magistrate was stayed until further orders. It was also specifically directed that status-quo with regard to nature of possession of land shall also be maintained. Certain directions were also given to the District Magistrate with regard to immediate measurement of the spot in question. Subsequently on 13.3.2019 Shri Himanshu Pandey, Advocate appeared on behalf of opposite party no.2. Matter was thereafter listed to come up on 3rd April, 2019 with the direction to learned A.G.A. to file counter affidavit. Later on case was again taken up on 31.4.2019 and the compliance report about the directions issued by this Court was filed on behalf of State. Matter was fixed up for final disposal on 17th April, 2019 and last opportunity to file counter affidavit was given to opposite party. Rejoinder affidavit if any, was also directed to be filed in the meantime. It further transpires that a listing application was moved to list the matter earlier as a result of which the matter was fixed up for today. The same has thus come up before this Bench and been taken up today by the Court.

(3.) Learned counsel appearing on behalf of revisionist at the very outset has submitted that despite the stay orders of this Court, the boundary wall in question has been demolished in complete violation of the Court's direction and not only a gross defiance of the order has been done but the authorities have acted in contempt of the same and a contempt application has already been moved before the appropriate bench of this Court in that regard. The urgency of the matter was placed before the Court.