Disposed¶7

Nagendra Mishra v. State of U.P. and Ors.

Allahabad HC8 Jan 2024CRLP/1130/2019

Case brief

AI extract

What is this about?

Section 145/146 Cr.P.C. summary proceedings; civil decree dated 28.05.2022 attaining finality renders challenge infructuous; certiorari against SDM Milkipur order dated 03.11.2017 (Case No.58) and revision order dated 02.06.2018 (Revision No.196/2017, Faizabad); mandamus re peaceful possession of land; writ petition disposed of with liberty to apply to competent court; Faizabad/Milkipur; Lucknow Bench.

What did the court decide?

Writ petition disposed of; neither impugned order quashed; petitioner left with liberty to approach the competent court with an appropriate application for redressal of grievances. ¶7

Nagendra Mishra Vs State of U.P. and Ors. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; neither impugned order quashed; petitioner left with liberty to approach the competent court with an appropriate application for redressal of grievances.

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Issue for consideration

Whether, after civil suit No. 943 of 2017 was decreed in the petitioner's favour on 28.05.2022 and the decree attained finality, anything remained to be decided by this Court in the writ petition challenging the orders dated 03.11.2017 (Sections 145(1)/146(1) Cr.P.C.) and 02.06.2018 (Criminal Revision No.196/2017).

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Court's answer

Since the proceeding initiated under Section 145/146 Cr.P.C. is a summary proceeding and the civil court had already decided the land dispute in favour of the petitioner by decree dated 28.05.2022, which had attained finality with no appeal filed, nothing remained to be decided by this Court in the writ petition.

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Key takeaways

Whatever grievance the petitioner has, he may approach the competent court by filing an appropriate application for redressal of his grievances.obiter¶6

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Shamim Ahmed, J. — Criminal Misc. Writ Petition No. 1130 of 2019 sought certiorari against (i) the order dated 03.11.2017 of the Sub Divisional Magistrate, Milkipur initiating proceedings under Sections 145(1)/146(1) Cr.P.C. in Case No.58 and (ii) the order dated 02.06.2018 of the Additional Session Judge IV, Faizabad in Criminal Revision No.196/2017, along with mandamus against hindrance to the petitioner's peaceful possession of the disputed land. During the pendency of the petition, the petitioner's civil suit No. 943 of 2017 (Nagendra Mishra vs. Shiv Kumar) for permanent injunction was decreed in his favour on 28.05.2022, with no appeal filed. Held: proceedings under Section 145/146 Cr.P.C. are summary proceedings; with the civil court having decided the land dispute and the decree having attained finality, nothing remained to be decided by the High Court. Petition disposed of; petitioner granted liberty to approach the competent court with an appropriate application.

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Neutral Citation No. - 2024:AHC-LKO:1870

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Court No. - 16

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1130 of 2019

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Petitioner :- Nagendra Mishra Respondent :- State Of U.P. And Ors. Counsel for Petitioner :- Onkar Pandey Counsel for Respondent :- G.A.,Udai Bahn Pandey

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Hon'ble Shamim Ahmed,J.

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List has been revised.

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Heard Shri Onkar Pandey, learned Counsel for the petitioner, Ms. Shikha Sinha, learned A.G.A. for the State-respondents and perused the material placed on record.

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This Criminal Misc. Writ Petition has been filed on behalf of the petitioner with following main prayers:-

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"i. Issue a writ, order or direction in the nature of certiorari quashing the order dated 02.06.2018 passed by Additional Session Judge IV, Faizabad in Criminal Revision No.196/2017 "Nagendra Mishra vs. State of U.P. and Others, and the order dated 03.11.2017 passed by Sub Divisional Magistrate, Milkipur under Section 145(1) Cr.P.C. as well as under Section 146(1) Cr.P.C. in the Case No.58, contained as Annexure No.1, 2 and 3 to this writ petition.

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ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not create any hindrance in the peaceful possession of the petitioner over the land in question in pursuance to the order dated 02.06.2018 & 03.11.2017 passed by concerned authorities.

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iii...

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iv..."

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Learned Counsel for the petitioner submits that the petitioner has filed a civil suit registered as 943 of 2017 (Nagendra Mishra vs. Shiv Kumar) in the court of Civil Judge (Junior Division), Sadar, Faizabad in respect of the land in dispute for permanent injunction, now the aforesaid suit has been decreed in favour of the petitioner vide order dated 28.05.2022 and no proceeding is pending against the decree dated 28.05.2022 to the best of knowledge of the petitioner and no appeal against the said order is filed before any competent court. The copy of order/decree dated 28.05.2022 is annexed as Annexure No.1 to

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the affidavit dated 02.12.2023 filed on behalf of the petitioner, thus, he submits that the aforesaid decree has attained finality and proceedings under Section 145/146 Cr.P.C. would not serve any useful purpose, the court below may be directed to drop the said proceeding, if it, exists.

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Ms. Shikha Sinha, learned A.G.A. for the State-respondents submits that once the civil suit has been decided, now, the right has been declared by the competent court, the proceedings initiated under Section 145/146 Cr.P.C. is a summary proceeding and a title and right cannot be adjudicated by the said proceeding, thus, nothing remains to be decided by this Court. She further submits that whatever grievance the petitioner have, he can approach the competent court by filing an application, thus, she submits that the present petition may be dismissed having been rendered infructuous.

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After considering the submissions advanced by learned Counsel for the parties and after perusal of record, it transpires that the court below has decided the case in favour of the petitioner in respect of land in dispute, now, nothing remains to be decided by this Court in this case as the proceeding initiated under Section 145/146 Cr.P.C. is a summary proceeding, and learned Counsel for the petitioner also submits that against the decree dated 28.05.2022, no appeal has been filed before any competent court, whatever the greivance petitioner have, he may approach the competent court by filing an appropriate application for redressal of his grievances

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Accordingly, in view of the above observations/directions, the present petition is hereby disposed of.

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Order Date :- 8.1.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Nagendra Mishra v. State of U.P. and Ors.

Case brief

What is this about?

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Nagendra Mishra v. State of U.P. and Ors.

Case brief

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What the court decided

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