CHANDESHWARI AND ANOTHER v. State of U.P. AND 3 OTHERS
A482/22990/2024 · 2025-02-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77375 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77375 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19452 Court No. - 75 Case :- APPLICATION U/S 482 No. - 22990 of 2024 Applicant :- Chandeshwari And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhagwan Dutt Pandey Counsel for Opposite Party :- Dinesh Kumar Pandey,G.A.,Pradeep Kumar Hon'ble Sanjay Kumar Pachori,J. Compliance affidavit is taken on record. Heard Sri B.D. Pandey, learned counsel for the applicants, Sri Pradeep Kumar, learned counsel for the opposite party nos. 2 and 3 and Sri Dinesh Kumar Pandey, learned counsel for the opposite party no. 4, Sri Pushpraj Singh, learned brief holder for the State. Present application under Section 482 of Cr.P.C. has been filed with a prayer to quash the order dated 1.7.2024 passed by Sub- Divisional Magistrate, Nautanwa, Maharajganj, in Case No. 4896 of 2024 (State vs. Rajendra & Others), under Section 145 of Cr.P.C., whereby Executive Magistrate passed an order under Section 146(1) of Cr.P.C.
Learned counsel for the applicants submits that impugned order has been passed without considering the provisions of Section 145 of Cr.P.C. It is further submitted that impugned order has been passed under Section 146(1) of Cr.P.C. without any satisfaction with regard to the dispute likely to cause breach of trust existing in land within the parties. It is further submitted that no notice has been served to file claims of the applicants with respect to the fact of actual possession of the subject of dispute.
Learned counsel for the opposite parties did not dispute the factual position that order under Section 146(1) of Cr.P.C. has been passed without any satisfaction or issuing any notice as provided in given circumstances. In view of what has been stated above, the present application is
disposed of. The order impugned dated 1.7.2024 passed by Sub- Divisional Magistrate, Nautanwa, Maharajganj, is, hereby, quashed. The matter is remanded back to the Court concerned and
the Magistrate is directed to pass a fresh order after applying the judicial mind.
Order Date :- 10.2.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad