HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4678 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A. for the State, learned counsel for the opposite party nos. 2 to 7 and perused the material on record. 2. The present revision has been filed against the order dated 08.08.2024 passed by learned Chief Judicial Magistrate, Lalitpur, in Misc. Application No. 538 of 2024, (Jakir Khan Vs. Hamid Khan and Others), under Sections 419, 420, 467, 468, 471, 120-B and 388 of IPC, Police Station Kotwali Lalitpur, District Lalitpur by which the application moved by the revisionist under Section 156(3) Cr.P.C. has been dismissed. 3. Learned counsel for the revisionist has submitted that the order passed by the learned Chief Judicial Magistrate, Lalitpur, is illegal and arbitrary and submits that while passing the said order under challenge, the learned Chief Judicial Magistrate, Lalitpur has ignored the facts and averments made in the said application. Learned counsel for the revisionist has further submitted that, there is some dispute in respect of will dated 05.04.2001. Learned counsel for the revisionist has next submitted that, the matter of the will, whether it is original document or forged or otherwise is sub-judice before the Revenue Court in Case No. 1616 of 2012/13. Learned counsel for the revisionist has further submitted that, so far as criminal part is concerned, apart from the matter before the civil court, the opposite party no. 2 is indiscriminately selling the said land by way of creating small plots and thus are committing the criminal act. Learned counsel for the revisionist has lastly prayed that the order dated 08.08.2024 is liable to be set aside. Versus Counsel for Revisionist(s) : Hanuman Prasad Kushwaha Counsel for Opposite Party(s) : G.A., Vijit Saxena Jakir Khan .....Revisionist(s) State Of U.P. And 6 Others .....Opposite Party(s) 4. Per contra, learned counsel appearing on behalf of the opposite party nos. 2 to 7 states that no criminality whatsoever has been committed by the said opposite parties, the order passed by the learned Chief Judicial Magistrate, Lalitpur is in accordance with law. Learned counsel for the opposite parties nos. 2 to 7 has further submitted that the dispute pertaining to the properties (land in question) pertains to the partition and title of ownership, as well as the title based on a will and for the same the matters are sub-judice before the competent Revenue Court and Civil Court and, therefore, matter has been dragged from civil dispute to criminal dispute. Learned counsel for the opposite party nos. 2 to 7 has further submitted that, if the revisionist is aggrieved by any matter, he shall have liberty to invoke the jurisdiction of the Civil Court, so far as, the possession or title over any piece of land is concerned, but not by way of instituting criminal proceedings, against the opposite parties. He lastly prayed that the present revision is liable to be dismissed. 5. Having regard to the rival contentions made by the learned counsel for the parties, and perusal of the order dated 08.08.2024, passed by the learned Chief Judicial Magistrate, Lalitpur, it appears that the parties are ad-litem before the Revenue and Civil Courts, there is a dispute in respect of the will dated 05.04.2001. Moreover, the Civil Suit No. 176/2013 is also pending before the court of learned Civil Judge (Jr. Division), Lalitpur, another Case No. 1616 of 2012/13 was also pending before the court of Sub Divisional, Magistrate, Lalitpur. After perusing the order passed by the learned Chief Judicial Magistrate, Lalitpur, it appears that there is no illegality or perversity in the order dated 08.08.2024 and calls for no interference by this Court, the present revision is liable to be dismissed. Hence, the present revision is dismissed. 6. However, it shall always remain open to the parties or the revisionist, if any dispute that has arisen for selling the said land without authority of law, both the parties shall be at liberty to invoke the jurisdiction of the competent court in accordance with law. October 8, 2025 Vikram CRLR No. 4678 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad