HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9224 of 2023 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record. 2. The present petition has been filed seeking to set aside the judgment and order dated 19.05.2023 passed by the learned Additional District and Sessions Judge, Court No.10, Muzaffarnagar in Criminal Revision No.128 of 2022 (Afsar Ali and others vs. Akbar @ Rafa and others), whereby the revision preferred by the petitioners was dismissed, as well as the order dated 11.04.2022 passed by the Sub-Divisional Magistrate, Tehsil Dadar, District Muzaffarnagar in Case No. T20220955010959, rejecting the petitioners' application under Section 145 Cr.P.C. 3. Learned counsel for the petitioners submits that petitioner no.2 had three sons and that they are in possession of the disputed property. However, their application under Section 145 Cr.P.C. was rejected by the learned Sub- Divisional Magistrate on the ground that there exists a civil dispute between the parties, and since a Civil Suit being Suit No. 279 of 2017 (Shahbaz and another vs. Chand and another) is already pending before the Court of Civil Judge (Junior Division), Muzaffarnagar, there was no occasion for the Sub- Divisional Magistrate to adjudicate the question of ownership or title of the disputed property. The said reasoning has been affirmed by the revisional court while dismissing the criminal revision. 4. Per contra, learned A.G.A. has submitted that the scope of proceedings under Section 145 Cr.P.C. is limited to maintaining public peace and Versus Counsel for Petitioner(s) : Jitendra Kumar Tripathi, Satish Kumar Tiwari Counsel for Respondent(s) : Arun Kumar Sharma, Awdhesh Singh, G.A., Lokesh Kumar Afsar Ali And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) tranquillity in respect of possession over immovable property, and the same cannot be invoked to decide or declare rights or title over the property, which is already the subject matter of a pending civil suit. 5. Having considered the rival submissions and upon perusal of the record, this Court finds that once the dispute regarding title and ownership is sub judice before a competent civil court, the Sub-Divisional Magistrate has rightly declined to entertain the proceedings under Section 145 Cr.P.C., and the revisional court has committed no illegality in affirming the same. This Court does not find any illegality, perversity, or jurisdictional error in the impugned orders warranting interference in exercise of its writ jurisdiction. 6. With the aforesaid observation, the instant petition stand dismissed. September 17, 2025 Sharad/- A227 No. 9224 of 2023 2 (Vinod Diwakar,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad