Dayashankar @ Daya Shankar Tiwari Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and 2 Others

Manglesh Kumar @ Manglesh Kumar Tiwari/opposite party no. 2/complainant had filed an application under Section 145 Cr.P.C. on 16.8.2021. Prior to filing of the said application, Manglesh Kumar @ Manglesh Kumar Tiwari/opposite party no. 2 had also filed a Civil Suit No. 1006 of 2021 (Manglesh Kumar @ Manglesh Kumar Tiwari Vs. Dayashankar and another) on 26.7.2021 against the same parties before the Civil Judge, (Junior Division), Court No. 15, Sultanpur. The said suit was filed for permanent injunction, which is still pending.

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Learned counsel for the petitioner has submitted that in the aforesaid civil suit, an order dated 28.7.2021 was passed by the Civil Judge (Junior Division) and no interim ex-parte injunction was granted in favour of the plaintiff. The notices were issued to the defendants. When Manglesh Kumar @ Manglesh Kumar Tiwari/complainant/plaintiff failed to get any interim ex-parte order in the said civil suit, then he filed the criminal complaint under Section 145 Cr.P.C. on 16.8.2021.

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Learned A.G.A. has replied that S.D.M. Baldirai, Sultanpur has passed an order dated 12.6.2023 under Section 145(1) Cr.P.C. and directed both the parties to submit their submissions in written and verbal by their counsel vide order dated 12.6.2023. Both the parties were directed to appear on 26.6.2023.

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A482 No. 9441 of 2025

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Learned counsel for the petitioner has further submitted that petitioner did not get any information or knowledge of the pending proceeding under Section 145 Cr.P.C. and the order passed under Section 146 Cr.P.C. and no opportunity of hearing was provided to him. It is amounting to the violation of principle of natural justice. He has next submitted that the civil suit between the same parties is pending prior to the filing of proceeding under Section 145 Cr.P.C. This fact has been concealed by the complainant/Manglesh Kumar @ Manglesh Kumar Tiwari in his application under Section 145(1) Cr.P.C. and with the concealment, the proceeding under Section 145 Cr.P.C. was initiated. The service on the petitioner served by the constable, Anand of Police Station Kurebhar, District Sultanpur dated 28.7.2023 is part of this petition at page 45 (Annexure-7 to the petition) that the notice has been served on the representative of the petitioner. However, there is no report of the concerned police station that the notice has been personally served on the petitioner.

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6.He also submitted that Hon'ble Supreme Court has categorically laid down the principles in Amresh Tiwari Vs. Lalta Prasad Dubey and another reported in (2000) 4 Supreme Court Cases 440 . In paragraph 13 of the said judgment, it has been observed that the Court is unable to accept the submission that the principles laid down in Ram Sumer Puri Mahant Vs. State of U.P. (1985)1 SCC 427 , would only apply, if the civil court has already adjudicated on the dispute regarding the property and given a finding. In our view, Ram Sumer case is laying down that multiplicity of litigation should be avoided as it is not in the interest of the parties and public time would be wasted over meaningless litigation. On this principle it has been held that when possession is being examined by the civil court and parties are in a position to approach the civil court for adequate protection of the property during the pendency of the dispute, the parallel proceedings i.e. Section 145 Cr.P.C. should not continue.

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After due consideration of all the facts and circumstances and the law laid down by the Supreme Court in Amresh Tiwari (Supra), it is categorical clear that the Civil Suit No. 1006 of 2021 is pending before the Civil Judge (Junior Division), Court No. 15, Sultanpur and was filed on 26.7.2021. The proceeding under Section 145 Cr.P.C. had been initiated on 16.8.2021 with the concealment of this fact that the civil suit is already sub-judice.

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In view thereof, the proceeding under Section 145 Cr.P.C. should not be

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A482 No. 9441 of 2025

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continued. Hence, the impugned judgment and order dated 4.10.2025 passed by the learned Additional District & Sessions Judge/Special Judge, E.C. Act, Court No. 4, Sultanpur passed in Criminal Revision No. 149 of 2024 as well as the order dated 20.2.2024 passed by the Sub Divisional Magistrate, Tahsil Baldirai, Police Station Kurebhar, District Sultanpur, in Case No . T202304680901479, under Section 145/146 Cr.P.C. are hereby, quashed.

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The petition is allowed , accordingly.

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November 15, 2025 M. Tarik

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(Abdul Shahid,J.)

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad, Lucknow Bench

Dayashankar @ Daya Shankar Tiwari v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and 2 Others

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Dayashankar @ Daya Shankar Tiwari v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and 2 Others

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