Chhatru @ Khatru vs State of U.P.and Others

Kundan Singh, J.—Heard learned Counsel for the applicant.

The revision has been preferred against the order dated 6111995 passed by Vth Addl. Sessions Judge, Ballia, whereby the revision has been allowed, setting aside the order of the learned Magistrate, and the matter has been remanded to the trial court directing the parties to appear on 24111995. /

It is a matter under Section 133(l),Cr. P.C. The learned Magistrate has pas�ed the order dated 22101994 directing the Police of Police Station Bhimpura to submit a report after getting the drainage open. The learned Sessions Judge found that a civil suit is already pending in the Civil Court for permanent injunction between the same parties. The parties have been directed to produce a copy of the plaint and then argue the matter before the trial court, which will pass appropriate order on the merits of the case.

Learned Counsel for the applicant contended that the nature of the suit pending in the civil court is different from the dispute involved in the proceeding under Section 133(1), Cr. P.C.

I have considered the submission of the learned Counsel for the applicant and in my opinion the learned Sessions Judge was perfectly justified in remanding the case to the learned Magistrate for deciding the matter after hearing both the parties and allowing them an opportunity to adduce evidence.

The learned Magistrate is, however, directed to decide the case within a period of two months from the date of a certified copy of this order before him without being influenced by any observation made in the order of Sessions Judge.

With the direction above the revision stands disposed of finally.

Revision disposed of.