Filing simultaneous revisions in different courts on the same matter violates Section 397(3) Cr.P.C. and constitutes misuse of legal process.

JUDGMENT :

ABDUL SHAHID, J.

1. Heard Sri B.P. Mishra, learned counsel for the revisionists, Sri Ashutosh Singh, learned counsel for the opposite party no. 3 and learned A.G.A. for the opposite party nos. 1 and 2.

2. The present criminal revision has been filed against the impugned order dated 17.09.2025 passed by learned Sub Divisional Magistrate, Tehsil Chhibramau, District Kannauj in Computerized Case No. T- 2025034000207389 (Shri Thakur Ji Maharaj Virajman Mandir Village Hathin, Pargana and Tehsil Chhibramau, District Kannauj Versus Sanjay Singh and others), under section 164 B.N.S.S., Police Station Chhibramau, Tehsil Chhibramau, District Kannauj.

3. Counter affidavit and rejoinder affidavit have been exchanged.

4. The brief facts of the case are as follows:

5. During the consolidation proceedings, on the basis of a compromise, the Assistant Consolidation Officer, Fatehgarh, District Kannauj, passed an order dated 18.08.1994, whereby Chak No. 82 and Chak No. 342 were allotted in the name of Late Baba Mahesh Das Chela in place of Baba Sukhram Das Chela Ram Das Vairagi as successor. The disputed Gata No. 226 (area about 0.259 hectare), Gata No. 288 (area about 0.77 hectare), Gata No. 251 (area about 0.3970 hectare), and Gata No. 294 (area about 0.77 hectare), situated at Village Natha Nagla, Mauja Bhaulpur, Pargana and Tehsil Chhibramau, District Kannauj, and Gata No. 1316 (area about 0.67 hectare), Gata No. 1317 (area about 2.17 hectare), Gata No. 1318 (area about 2.06 hectare), and Gata No. 1019 (area about 1.76 hectare), total area about 6.65 hectares, situated at Hathin Mauja Bhaulpur, Pargana and Tehsil Chhibramau, Police Station Chhibramau, District Kannauj, belong to Sri Thakur Ji Maharaj Virajman Mandir. In this regard, the Revenue Inspector prepared the khatauni fasli for the years 1427 to 1432 (01 July 2019 to 30 June 2025) for Gram Bhaulpur, Tehsil Chhibramau, District Kannauj.

6. In pursuance of the aforesaid will dated 14.08.2024, the revisionists constituted a registered trust deed on E-stamp paper, namely, Sri Thakur Ji Maharaj Virajman Mandir (Charitable Trust), of Village Natha Nagla, Mauja Bhaulpur, Post Hathin, Pargana and Tehsil Chhibramau, District Kannauj, on 15.05.2025, and the said trust deed was thereafter registered before the Sub-Registrar, Chhibramau, District Kannauj.

7. Learned counsel for the revisionists submits that on 09.07.2025, opposite party no. 3, namely Himanshu Chauhan, son of Ram Bharose Singh, filed an application under Section 164 B.N.S.S. before the Sub- Divisional Magistrate, Tehsil Chhibramau, District Kannauj, with a prayer that the learned Magistrate appoint a receiver and seize/attach the aforesaid agricultural properties belonging to Sri Thakur Ji Maharaj Virajman Mandir, Village Hathin, Tehsil Chhibramau, District Kannauj.

8. On 26.07.2025, after receiving the said application under Section 164 B.N.S.S., learned Sub-Divisional Magistrate, Tehsil Chhibramau, District Kannauj, called for a report from the concerned Police Station. The concerned Police Station submitted a detailed report on 26.07.2025. 9. The learned Sub-Divisional Magistrate, Chhibramau, District Kannauj, issued notice to the revisionists, and upon receiving the said notice, the revisionists filed a detailed objection/reply before the Sub-Divisional Magistrate, Chhibramau, District Kannauj, on 03.09.2025.

10. It is further submitted by learned counsel for the revisionists that the true fact is that paddy (rice) crops were standing on the aforesaid agricultural land, cultivated in the capacity of batidar, as allotted by Baba Mahesh Das @ Mahesh Chandra during his lifetime.

11. In pursuance of the order dated 17.09