Neutral Citation No. - 2025:AHC:20687 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16122 of 2024 Petitioner :- Ravendra Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niklank Kumar Jain Counsel for Respondent :- G.A.,Jitendra Pal Singh Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties and perused the record. 2. Although order under Section 145 (1) Cr. P.C. has been put under challenge through the instant petition but at the same time revision has been preferred for challenging the order dated 22.11.2023 and the same was also dismissed. In pursuance to order dated 22.11.2023 on the same date order under Section 146 (1) Cr.P.C. has already been passed for appointing a receiver by way of showing that there is a threat of breach of peace which is also put under challenge through the instant petition. 3. Precise query has been made before learned counsels appearing for the parties that whether any order has been passed in pursuance to Section 145 (4) Cr.P.C. by way of giving proper opportunity to both the parties, it is fairly submitted by both the counsels appearing for the parties that till today no order in pursuance to Section 145 (4) Cr.P.C. has ever been passed by concerned Sub- Divisional Magistrate. 4. As per procedure available in pursuance to Section 147 (3), wherein it has been provided that no such order shall be made where the right is exercise-able at all time of the year unless such right has been exercised within three months next before the receipt under subsection (1) of the report of police officer or other information leading to the institution of the inquiry. 5. It is apparent from the records that order under Section 145 (1) Cr.P.C. was passed on 22.11.2023 and as such, concerned authority is liable under the statutory provisions available in the Court for deciding the issue in pursuance to Section 145 (4). 6. If there is no other legal impediment, concerned Sub-Divisional Magistrate is hereby directed to proceed to decide the matter by way of accepting the evidences preferred at the behest of the parties and decide the matter in pursuance to Section 145 (4) Cr.P.C. as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order. 7. Both the parties are hereby requested not to seek unnecessary adjournment unless the same is unavoidable and cooperate and rendered their full cooperation to the concerned Sub-Divisional Magistrate for achieving the orders and directions made above. 8. The petition is disposed of, accordingly. Order Date :- 13.2.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad