R. R. K. TRIVEDI, J.

( 1 ) HEARD Learned counsel for the application. The facts giving rise to these two criminal revisions are with regard to the land recorded in Khata No. 204, Proceedings u/s. 145 Cr. P. C. were initiated by the ,learned Magistrate, on 15. 4. 1994 by passing the preliminary order and also an order u/s. 146 (1) attaching the land in dispute. Both these orders were challenged in two criminal revisions before the sessions Judge, Meerut. The revisions have been allowed and the orders dated 15. 4. 1994 and the proceedings under section 145 (1) Cr. P. C. have been set aside. Aggrieved by the order of the Additional District Judge, the applicant has come to this court.

( 2 ) THE main reason for selling aside the order of the learned Magistrate and for selling aside the proceedings u/s. 145 (1), is that civil suit is pending between the parties for partition, with regard to the property in dispute as original suit no. 658 of 1990, Shashi Kant v. Anil Kumar in the Court of 1st Civil Judge, Meerut, Learned Sessions Judge has taken the view that as the suit is pending between the parties they can get appropriate orders with regard to the possession and preservation of prop

Click Here to Read the rest of this document