Neutral Citation No. - 2025:AHC:36061 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 5803 of 2024 Petitioner :- Smt. Babita And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Phool Singh Yadav,Vaibhav Yadav Counsel for Respondent :- Abhishek Singh,G.A.,Shashi Kant Shukla Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. Even in revised call, none appeared on behalf of respondent no. 3. 2. Present petition has been preferred with the following prayers:- "I. A order or direction to set aside the order dated 31.07.2018 passed in case no. T201803410203916 under Section 146(1) of Cr.P.C. i.e. Smt. Sankari vs. Smt. Babita passed by Sub Divisional Officer, Tehsil Bilhaur, Kanpur Nagar & also stay the order dated 25.01.2024 passed in Criminal Revision no. 58/2019 passed by Special Judge (Dacoity Affected Area)/Additional District & Session Judge, Court no. 3, Kanpur Dehat in the interest of justice. II. An order directing the respondent no. 2 i.e. Sub Divisional Officer, Tehsil Bilhaur, Kanpur Nagar to decide the case no. T201803410203916 under Section 145 of Cr.P.C. i.e. Smt. Sankari vs. Smt. Babita, within some stipulated period. " 3. Learned counsel for the petitioners submitted that over the proceedings initiated in shape of case no. T201803410203916 in pursuance to Section 145 Cr.P.C., order dated 31.07.2018 was passed by learned Sub Divisional Officer, Bilhaur, Kanpur Nagar under Section 146(1) Cr.P.C. whereby the property in dispute was attached. Being aggrieved with the order dated 31.07.2018, petitioners preferred revision before the concerned court, but the same was rejected vide order dated 25.01.2024 passed by learned Special Judge (Dacoity Affected Area)/Additional District & Session Judge, Court no. 3, Kanpur Dehat which has been challenged through the instant petition. 4. Learned counsel for petitioners challenged the impugned orders on the ground that both the learned courts below have failed to consider the fact that petitioners are in physical possession over the disputed property after purchasing the same from the mother of respondent no. 3 and as such the orders passed by learned courts below are contrary to the settled principles of law and hence are liable to be set aside. Lastly it is also prayed by learned counsel for petitioners that if possible, direction be issued by this Court for expeditious disposal of the aforesaid case. 5. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 6. Be that as it may, without interfering into the merits of the case, learned court of Sub Divisional Officer, Bilhaur, Kanpur Nagar is hereby directed to pass an order under Section 145(4) Cr.P.C. in case no. T201803410203916 (Smt. Sankari vs. Smt. Babita), 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. 7. The instant petition stands disposed of accordingly. Order Date :- 10.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad