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2025 DAILYLAW 145094 (ALL)

SARJU PRASAD v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 5 OTHERS

A482/4819/2025 · 2025-06-06

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34780 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4819 of 2025 Applicant :- Sarju Prasad Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 5 Others Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard. This petition under Section 528 BNSS/482 Cr.P.C. has been filed for setting aside the revisional order dated 18.04.2025 passed by the Session Judge, Raebareli in Criminal Revision No.427/2024(Sarju Prasad versus State of U.P. & Others) and the order dated 17.10.2024 passed by the Chief Judicial Magistrate, Raebareli in Criminal Misc. Case No.319/2024(Sarju Prasad versus Ashutosh Rai and Others). The contention of learned counsel for the applicant/petitioner is that the petitioner despite having possession on the land in dispute is not able to cultivate the field on account of the illegal acts of the private respondent but without considering it the application filed under Section 156(3) Cr.P.C. has been rejected and the revision filed by the applicant has also been dismissed. Thus the petitioner is constrained to approach this Court. Learned AGA submits that the dispute in the present case is a civil dispute, which is in regard to the land, for which civil proceedings are also pending,therefore the learned courts below have rightly dismissed the application filed under Section 156(3) Cr.P.C. and the revision has also rightly been dismissed. Having considered the submissions of learned counsel for the parties and on perusal of record, this Court finds that undisputedly the nature of dispute in the instant case is civil in nature in regard to which the civil suit is also pending between the parties and if any relief is required, that can be sought in the same but the civil dispute cannot be given the color of criminal. Thus the courts below have rightly passed the impugned orders and no interference is required by this Court. In view of above, the petition is dismissed. Order Date :- 6.6.2025/Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench