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Neutral Citation No. - 2025:AHC:34965 Court No. - 79 Case :- CRIMINAL REVISION No. - 1872 of 2013 Revisionist :- Ramapati Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Brij Raj,Ramsagar Yadav Counsel for Opposite Party :- Chandra Prakash Yadav,Divyanshu Chaudhary,Manu Khare Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ramsagar Yadav, learned counsel for revisionist, Sri Divyanshu Chaudhary, learned counsel for respondent no. 2 and learned AGA for the State.
2. Present revision has been preferred with the prayer to allow the present criminal revision and set aside the impugned judgment and
order dated 10.6.2013 passed by the City Magistrate, Mirzapur in Case No.12 of 2013 (Ramapati Yadav vs. Karanveer Singh), under Sections 145(1)/146(1) of Cr.P.C, Police Station Kotwali City, District Mirzapur.
3. Learned counsel for the revisionist submitted that over the proceedings initiated in shape of Case no. 12 of 2013 in pursuance to Section 145(1)/146(1) Cr.P.C, order dated 10.06.2013 was passed by learned City Magistrate, Mirzapur whereby the proceedings under the prevailing sections 145(1)/146(1) of the Cr.P.C were abated.
4. Being aggrieved with the order dated 10.06.2013 passed by the learned court concerned over the report submitted by the police dated 8.6.2013, applicant preferred revision before this court with the prayer as aforesaid.
5. Learned counsel for revisionist challenged the impugned order on the ground that mutation case in respect to the disputed property has not been decided in favour of any of the party and at the time of initiation of proceedings under Section 145 Cr.P.C, the revisionist was in possession over the disputed property and as such the order passed by learned court concerned is contrary to the settled principles of law and hence is liable to be set aside.
6. Sri Divyanshu Chaudhary, learned counsel for respondent no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant revision and supported the order
impugned.
7. Be that as it may, without interfering into the merits of the case, learned court of City Magistrate, Mirzapur is hereby directed to pass an order under Section 145(4) Cr.P.C. in Case no. 12 of 2013 (Ramapati Yadav vs. Karanveer Singh), Police Station Kotwali City, District Mirzapur, if there is no other legal impediment, as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order.
8. It is made clear that till the decision of the aforesaid case, status quo as on today shall be maintained.
9. The instant revision stands disposed of accordingly.
Order Date :- 10.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad