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HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Sanjay Singh – Appellant
Versus
State of UP – Respondent
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. 2
Filing simultaneous revisions in different courts on the same matter violates Section 397(3) Cr.P.C. and constitutes misuse of legal process.
The main legal point established in the judgment is the importance of explaining inordinate delay in filing a revision petition and the sparing exercise of inherent power under Section 482 of the Cr.....
Criminal proceedings cannot supersede pending civil matters; ongoing civil disputes should not be criminalized unless substantial evidence exists.
The Executive Magistrate's findings on possession under Section 145 Cr.P.C. are binding unless proven perverse, and jurisdiction over title disputes lies with civil courts.
The main legal point established in the judgment is the proper procedure for handling discharge applications in cases triable by the court of session, as per the provisions of the Criminal Procedure ....
The main legal point established in the judgment is that the court must adhere to the specific mode of action and the statutory provisions in criminal law, including the requirement to condone delay ....
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