ANIL SINGH AND ANOTHER v. DELIP SINGH AND 3 OTHERS
A227/1968/2025 · 2025-09-09
Vinod Diwakar
body2025
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[ 2025 DAILYLAW 23204 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 23204 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 1968 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State- respondent, and perused the record.
2. The present petition has been filed seeking quashing of the order dated 04.09.2024 passed by the learned Additional District Judge-I, Basti in Criminal Revision No.152 of 2023, arising out of proceedings under Sections 145/146 Cr.P.C. It is submitted that the Sub-Divisional Magistrate, Haraiya, Basti, by order dated 26.05.2019, invoked powers under Section 146(1) Cr.P.C. and directed attachment of Plot Nos. 86, 88, and 89, on the ground that neither party could establish proof of ownership and there was apprehension of breach of peace.
3. The opposite party no.2 challenged the said order by filing Criminal Revision No.174 of 2019, wherein the revisional court remanded the matter for fresh consideration. Pursuant thereto, the Sub-Divisional Magistrate again decided the matter, which was subsequently assailed in Criminal Revision No.152 of 2023. By order dated 04.09.2024, the revisional court dismissed the revision petition.
4. Having heard learned counsel for the petitioners and upon perusal of the record, this Court finds that no patent illegality or material irregularity has been demonstrated in the impugned order. It is evident that the petitioners have failed to establish either ownership or possession over the disputed property, and such issues can only be conclusively determined by the competent Civil Court or Revenue Authorities, and not in summary proceedings under Sections 145/146 Cr.P.C. Versus Counsel for Petitioner(s) : Pankaj Kumar Shukla Counsel for Respondent(s) :
Anil Singh And Another .....Petitioner(s) Delip Singh And 3 Others .....Respondent(s)
5. In the given facts-circumstances, the instant petition is devoid of merits, and is accordingly, dismissed. September 10, 2025 Anil K. Sharma A227 No. 1968 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad