Criminal revision filed to ensure time-bound disposal of a pending civil suit regarding disputed land. The High Court disposed of the revision without adjudicating on merits and directed the SDM to conclude the case within three months.
Direction to the SDM concerned to decide case No. 3652 of 2022 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:48055
Court No. - 29
Case :- CRIMINAL REVISION No. - 1316 of 2022
Revisionist :- Mata Prasad
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others
Counsel for Revisionist :- Nankau Prasad Mishra,Nripendra Mishra
Counsel for Opposite Party :- G.A.,Ashok Kumar Pathak,Ram Chandra Dwivedi
Hon'ble Mrs. Renu Agarwal,J.
Counter affidavit filed today is taken on record.
Instant criminal revision under Section 397 read with Section 401 Cr.P.C. has been preferred against the order dated 23.11.2022 passed by Sub-Divisional Magistrate Jamunaha District-Shrawasti.
It is submitted that revisionist had filed a suit of deed cancellation before the Court of Hon'ble Civil Judge (Junior Division), Shrawasti on 16.11.2021 having regular suit No. 406 of 2021 against the sale of 0.324 hectare of land out of disputed land Gata No. 14 sold by Respondent No. 3 and 4 to Respondent No. 5. Pending the Civil Suit, impugned order passed under Section 145 Cr.P.C. for impounding the disputed land on the basis of misleading Challani report dated 10.07.2022 by Sub-Inspector, Police Station-Malhipur, DistrictShrawasti and it is prayed to quash the impugned order dated 23.11.2022.
Learned counsel for the opposite party No. 2 sent illness slip.
Learned AGA for the State is present.
At the very outset, learned counsel for the revisionist submitted that he does not want to press the revision on merits and
confined his arguments only to the time bound disposal of the case No. 3652 of 2022.
In the light of the above discussions, revision is finally disposed of with a direction to the SDM concerned to decide the case No. 3652 of 2022 within three months from today.
(Renu Agarwal,J.)
Order Date :- 21.7.2023 Karan
Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench
Mata Prasad
State Of U.P.
Renu Agarwal
Kumar Karan Rao
As recorded by the court registry
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