Bishan Singh vs Sri Pitamber

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the order dated 25.06.2007,passed by the Sub Divisional Magistrate, Nainital, in Criminal Case No. 11/07 of 1993, State v. Bishan Singh and another. Also, order dated 10.05.2011, passed by Additional Sessions Judge/IInd Fast Track Court, Nainital in Criminal Revision No. 28 of 2007 is challenged whereby the order of the Magistrate was affirmed.

The dispute relates to property with regard to which the proceedings of u/s 145/146 of Code of Criminal Procedure., started. Both the courts below have given concurrent finding the fact that the Respondent No. 1 Pitambar was in possession of the property situated in Plot No. 541, 543 and 580 of Village Dogra, Tehsil and District Nainital. The findings are based on the evidence on record which are discussed at length by the courts below.

For the reasons as discussed above, this Court is not inclined to interfere with the impugned orders in its writ jurisdiction. The writ petition is dismissed summarily. (Stay Application No. 9706 of 2011 also stands disposed of).