Disposed

Jitendra Singh and 2 Others v. State of U.P. and 6 Others

Allahabad HC19 Apr 2022A227/2480/2022

Case brief

AI extract

What is this about?

This writ petition sought quashing of orders under CPC Cr.P.C. regarding a disputed property where a civil suit was pending. The High Court directed the revisional court to hear merits on a specific date after correcting a typographical error in heirving dated and consider the future of crops sown by the petitioner amidst the status quo granted by the civil court.

What did the court decide?

Directed the revisional court to hear parties on merits and decide the revision on or before 31.05.2022 without unreasonable adjournment, and to decide the future of petitioner's crops within 15 days.

Jitendra Singh and 2 Others Vs State of U.P. and 6 Others — Property and Title | Allahabad HC (2022)

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Court No. - 67

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Case :- MATTERS UNDER ARTICLE 227 No. - 2480 of 2022

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Petitioner :- Jitendra Singh And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anand Prakash Paul,Brij Bhushan Paul

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Counsel for Respondent :- G.A.,Devid Kumar Singh,Rakesh Kumar Srivastava

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri B.B. Paul, learned Senior Counsel assisted by Sri A.P. Paul, learned counsel for the petitioners, Sri Rakesh Kumar Srivastava and Sri David Kumar Singh, learned counsel for the respondent nos.5, 6 and 7 as well as learned A.G.A.

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This petition has been filed seeking to quash the impugned order dated 14.02.202 passed by respondent no.3, SubDivisonal Magistrate and order dated 04.03.2022 passed by the learned revisional court. A revision has been filed aggrieved by the order by Jitendra Singh one of the co-share holder assailing the legality and validity of the order under section 145/146 Cr.P.C. passed by Sub Divisional Magistrate, Iglas, Aligarh.

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Contention raised by learned counsel for the petitioners is that prior to passing of this order, a civil suit having no.772 of 2021 is pending in which learned Civil Judge, Senior Division, Aligarh vide order dated 11.10.2021 has directed the contesting parties to maintain status quo over the property in dispute. Thus, a civil proceeding is already pending before the Civil Judge, Aligarh.

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Learned counsel for the petitioners submits that parallel to the civil proceeding yet another proceeding was initiated under section 145/146 Cr.P.C. which is not maintainable. Despite of this, learned S.D.M. Iglas, Aligarh has passed the impugned order dated 14.02.2022. Assailing the legality and validity of the order, a revision has been preferred before learned Sessions Judge, Aligarh having Criminal Revision No.50 of 2022. Curiously enough, the said revision was admitted on 04.03.2022 fixing the date 05.04.2021 as the next date. Per se , it is absurdity of the highest order and could be a typographical mistake.

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Under the circumstances, learned Sessions Judge, Aligarh is hereby directed to hear the parties on merits and decide the revision on or before 31.05.2022 after taking the objections

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raised by the petitioner, without granting any unreasonable adjournment to either of the parties.

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It is further contended that the petitioner has sown certain crops over the property in question in the shape of wheat, mustard and potato belonging to the petitioner and they would be destroyed if not sown at early date. Since, the civil court has already granted status quo to the parties, it is the revisional court who may look into the matter within 15 days about the future of those crops and decide the same in the light of the above observation.

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With the aforesaid observations, the present petition stands disposed of.

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Order Date :- 19.4.2022 Sumit S

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Digitally signed by SUMIT SRIVASTAVA Date: 2022.04.21 11:21:37 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra Singh and 2 Others v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Jitendra Singh and 2 Others v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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