Neutral Citation No. - 2025:AHC:23195 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14974 of 2024 Petitioner :- Ambika Gupta Respondent :- State Of U.P. Through Secretary Home, Lucknow And 5 Others Counsel for Petitioner :- Saurabh Pandey,Suresh Chandra Pandey Counsel for Respondent :- G.A.,Shashi Kant Upadhyay Hon'ble Saurabh Srivastava,J. 1. Heard Sri Suresh Chandra Pandey, learned counsel for petitioner, Sri Shashi Kant Upadhyay, learned counsel for respondent no. 3 and learned AGA for the State. 2. Present petition has been preferred with the following prayers:- "a. set aside the order dated 30.09.2024 passed by the court of Additional Sessions Judge/Special Court, EC Act, Court no. 4, Deoria in Criminal Revision no. 110 of 2019 (Banwari Lal and others vs. State of U.P. and others). (Annexure no. 7 to this petition). II. set aside the order dated 17.06.2019 passed by the court of Sub-Divisional Magistrate, Barhaj Deoria filed as Annexure no. 5. III. restore the possession of the property stated in Araji No. 31 ad-measuring 0.105 Hectare situated at Jarar Manik Police Station Bhaluani, Tehsil Barhaj, District Deoria favour of the petitioner. IV. Issue appropriate order or direction to the respondents not to interfere in the peaceful possession of petitioner over the land in question." 3. Learned counsel for the petitioner submitted that over the proceedings initiated in shape of Case no. 1266 of 2018 in pursuance to Section 145 Cr.P.C., order dated 17.06.2019 was passed by learned Sub Divisional Magistrate, Barhaj, Deoria under Section 146(1) Cr.P.C. whereby the property in dispute was attached. Being aggrieved with the order dated 17.06.2019, petitioner preferred revision before the concerned court, but the same was rejected vide order dated 30.09.2024 passed by learned Additional Sessions Judge/Special Court, EC Act, Court no. 4, Deoria which has been challenged through the instant petition. 4. Learned counsel for petitioner challenged the impugned orders on the ground that both the learned courts below have failed to consider application of petitioner on the issue of maintainability of the proceedings, as civil suits were already initiated prior to the initiation of the proceedings under Section 145 Cr.P.C. and as such the orders passed by learned courts below are contrary to the settled principles of law and hence are liable to be set aside. 5. Sri Shashi Kant Upadhyay, learned counsel for respondent no. 3 and learned AGA for the State vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 6. Be that as it may, without interfering into the merits of the case, learned court of Sub Divisional Magistrate, Barhaj, Deoria is hereby directed to pass an order under Section 145(4) Cr.P.C. in Case no. 1266 of 2018 (computer case no. T201805200401266) (Ambika and others vs. Devanand Singh alias Deba Singh), if there is no other legal impediment, as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order. 7. The instant petition stands disposed of accordingly. Order Date :- 18.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad