SHWETA ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.31145/2025, which is an application for grant of stay.

(2.) The applicants have filed the present petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the legality, validity, and propriety of the order dtd. 24/12/2025 passed by the 3rd Additional District Judge, Bhopal in CRR No. 373/2025, whereby the learned Additional Sessions Judge set aside the order dtd. 1/4/2025 passed by the Judicial Magistrate First Class, Bhopal (M.P.) and directed interim custody of the house situated at House No. 2, Mankasha, opposite Masjid, Fatehgarh, Bhopal, M.P.

(3.) Learned counsel for the applicants submits that a civil suit regarding the subject property is already pending before the competent Civil Court, and therefore, the Revisional Court is not authorized to pass such an order in a criminal proceeding. It is further submitted that applicant No. 1 is the wife of the deceased and is entitled to possession of the said house. Hence, it is prayed that the impugned order dtd. 24/12/2025 passed in CRR No. 373/2025 be stayed till the next date of hearing.