Madhya Pradesh High Court
MCRC/48924/2018 of ALLABAKSH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE PRANAY VERMAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 48924 of 2018
BETWEEN:-
1.ALLABAKSH S/O SUBRATI, AGED ABOUT 90YEARS, OCCUPATION: FARMER R/O. VILLAGEJAKUKHEDI POLICE STATION MANPUR, TEHSILDR. AMBEDKAR NAGAR MHOW, DISTT. INDORE(MADHYA PRADESH)
2.GABBU S/O ALLABAKSH, AGED ABOUT 50 YEARS,OCCUPATION: FARMER R/O. VILLAGEJAKUKHEDI POLICE STATION MANPUR TEHSILDR. AMBEDKAR NAGAR MHOW, DISTT. INDORE(MADHYA PRADESH)
(BY SHRI NILESH AGRAWA - ADVOCATe)
.....PETITIOENRS
AND
1.THE STATE OF MADHYA PRADESH STATIONHOUSE OFFICER THR.PS. MANPUR TEH. MHOWDISTT INDORE (MADHYA PRADESH)
2.SHAFI MOHAMMAD S/O ABJI, AGED ABOUT 65YEARS, OCCUPATION: FARMER, R/O. VILLAGEJAKUKHEDI POLICE STATION MANPUR TEHSILDR. AMBEDKAR NAGAR MHOW, DISTT. INDORE(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI TARUN PAGARE - P.L. FOR STATE)(SHRI RISHIRAJ TRIVEDI - ADVOCATE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the following:
1. Heard.
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ORDER
2. This petition under Section 482 of the Cr.P.C has been preferred bythe petitioners against an order dated 20/11/2018 passed by the Second Addl.Sessions Judge, Dr. Ambedkar Nagar, Mhow, District Indore in Cri.Rev.No.55of 2018 affirming the order dated 6/9/2018 passed in Criminal CaseNo.001/cri/17-18 by the Sub Divisional Magistrate (Revenue) Dr. AmbedkarNagar, Mhow, District Indore.
3. By order dated 7/12/2018, while issuing notices to respondent No.1the operation of the order passed by the Sub Divisional Magistrate was stayed.It is observed that the proceedings are under Section 145 of the Cr.P.C andbetween the parties a civil litigation is already pending which has been decidedby the trial Court and an appeal against the same is pending before the lowerappellate court at the instance of the present petitioner in which the issue asregards possession is specifically in dispute.
4. Thus in the available facts of the case, this petition stands disposed offwith a direction that status quo with respect to the disputed land shall bemaintained by the parties and the same shall be subject to the final decision asregards possession which shall be determined by the lower appellate court incivil litigation.
5. The record of the civil appeal as well as the trial Court called for in thispetition be sent post haste to the lower appellate Court.
C.c. as per rules.
SS/-
(PRANAY VERMA)JUDGE