JUDGMENT :

1. Heard Sri Mohan Singh, learned counsel for the applicant, Sri Suresh Chandra Srivastava, learned counsel for opposite party no. 4, Sri Nirmal Kumar Pandey, learned A.G.A. for the State.

2. Instant application has been filed with prayer to quash the impugned proceedings of Computerized Case No. T201808620302227, State of U.P. Vs Akhtar & others U/s 145 Cr.P.C pending in the court of Sub-Divisional Magistrate Jamunha, P.S. Malhipur, District Shravasti as well as the impugned order dated 05.08.2019 passed by the learned Additional Sessions Judge/Fast Track Court-II, Shravasti, in Crl. Revision No.70/2018, Furhe Khan & others Vs State of U.P. & others, and impugned orders dated 11.07.2018 (U/s 145 Cr.P.C.) & 11.07.2018 (U/ss-145/146 Cr.P.C.) passed by the opposite party no. 2.

3. The factual matrix of the case is that the land Gata No. 2 measuring area 1.5830 hectares situated in Patpar Ganj, Tehsil-Jamunaha District-Shravasti was recorded in the name of the applicant and the opposite party no. 5, in the revenue record. On 22.10.2016, the opposite party no. 5 transferred his share to opposite party no. 4 by way of executing a registered sale deed and thereafter, the same was mutated in favour of opposite party no. 4. On 27.10.2016 the opposite party no. 4 on the basis of sale deed, started creating hindrance in the possession of the other tenure holders including the present applicants and the applicant no. 1 filed a suit for division of holdings, under section 116 of U. P. Revenue Code 2006 before the Sub-Divisional Officer and after institution of the aforesaid suit, the Sub-Divisional Officer passed the order while directing the parties to maintain status-quo as was existed on 20.10.2016. The opposite party nos. 4 and 5 were also the parties in the aforesaid suit. On 11.05.2018 the partition suit was decided and on 14.05.2018, the applicants no. 1 and 3 filed an appeal under section 207 of the Code, 2006 before the Divisional Commissioner Devi Patan Mandal Gonda. The appeal was admitted and interim order was passed on 22.5.2018 that the parties shall maintain status quo regarding the property in question. On 07.06.2018, the opposite party no. 4 filed writ petition namely Miscellaneous Single No. 17523 of 2018 (Smt. Shakira Khan vs State of U.P.), wherein, this Court has passed the order on 07.06.2018, which is read as under:-

"Heard Sri Alok Kumar Misra learned counsel for petitioner.

Notice for opposite party Nos. 1 to 3 has been accepted by the office of learned Chief Standing Counsel.

In view of the proposed order, notices to opposite party Nos. 4 to 9 are dispensed with.

By means of this petition, the petitioner has assailed the order dated 22.5.2018 passed by Additional Commissioner, Devipatan Mandal, Gonda whereby the appeal of the opposite party Nos. 4 and 5 has been admitted and next date was fixed for 26.6.2018 directing that the status quo in respect of the property be maintained till the next date of listing.

Learned counsel for the petitioner has submitted that he has filed a recall application seeking recall of the aforesaid order dated 22.5.2018. He has submitted that the court concerned may be directed to decide the recall application on the date fixed i.e. 26.6.2018.

Under these circumstances, it is hereby provided that if the petitioner has already provided the copy of his recall application dated 29.5.2018 to the appellants, the said application shall be disposed of by the appellate authority either on the date fixed i.e. 26.6.2018 or within a period of one month thereafter.

In view of the aforesaid terms, the writ petition is disposed of."

4. Vide the aforesaid order, it was directed that the recall application submitted by the opposite party no. 4 shall be disposed of by the appellate authority either on the date fixed i.e. 26.06.2018 or within a period of one month thereafter.

5. After the aforesaid order, the appellate court decided the recall application of the opposite party no. 4, vide order date 26.1