V.N.MEHROTRA
DAMYANTI DEVI – Appellant
Versus
RAJESH KUMAR SRIVASTAVA – Respondent
This revision has been filed against the order dated 28. 2. 89 by Sri S. S. Ashutosh, Sub Divisional Magistrate, Handia, District Allahabad, dropping the proceedings under Section 145 Cr. P. C.
2. The facts of the case are that on the basis of the report by S,o. P. S. Handia dated 9. 9. 86 the S. D. M. concerned initiated proceeding under Section 145 Cr. PC. and passed order under Section 145 (i) Cr. P. C. on 15. 9. 86. The proceedings related to agricultural "land. The first party, Smt. Usha Devi asserted that there was apprehension of breach of peace. The second party, Rakesh Kumar, filed written statement asserting that he was the owner of the land in question. He also asserted that he was in possession over the land and that the first party was not in possession over the same. He also asserted that a civil suit is pending before the authorities in respect of the same land, hence the proceedings under Section 145 Cr. P. C. could not be filed or continued. The opposite parties Nos. 2 and 4 also filed the written statement making allegation against the opposite party No. 1 They also alleged that a suit was pending in the court of Munsif concerned in respect of t
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