NAND PRABHA SHUKLA
Laxmi Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ms. Nand Prabha Shukla, J.-Heard Sri Sanjay Kumar Srivastav, learned counsel for the petitioners, Sri Chandra Badan, learned AGA for the State, Sri Santosh Kumar Shukla, learned counsel for the respondent No. 2 and perused the record.
2. The present writ petition under Article 227 of the Constitution of India has been filed to set aside the order dated 22.5.2024 passed by the learned Sessions Judge, Pilibhit in Criminal Revision No. 02 of 2024 (Laxmi Devi and another v. Divya Deval and another) under Section 397 Cr.P.C., Police Station Kotwali, District Pilibhit and impugned order dated 26.12.2023 passed by the learned City Magistrate, Pilibhit in Case No. 593 of 2022 (Computerised Case No. D202212560000593) (State v. Divya Deval and another) under Sections 145/146 Cr.P.C.
3. The main submission of learned counsel for the petitioners is that the impugned orders dated 26.12.2023 and 22.5.2024 passed by the Court concerned are illegal, arbitrary, unjust, improper and bad in the eyes of law. It has also been contended that as per the sale-deed, the petitioners are the legal owners of the disputed house.
4. The said property was jointly purchased on 23.8.2013 in favour o
The court reaffirmed that actual possession can be determined under Cr.P.C., while title disputes must be resolved in civil courts.
Bona-fide purchasers' rights cannot be disturbed by those without legal title, and possession must be established through valid documentation.
Section 145 proceedings can continue despite a pending civil suit if no protective orders are granted, balancing civil and criminal jurisdiction.
The court affirmed that proceedings under Section 145 Cr.P.C. cannot continue when a civil suit regarding the same property is pending, emphasizing the civil court's authority to determine title and ....
Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.
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