Narendra Kumar Yadav vs State Of U.P. And 3 Others

1. Heard Ms. Archana Chauhan, learned counsel for the petitioner, Sri Shailesh Kumar Shukla, learned counsel for respondent and Shri D.K. Rai, learned A.G.A. for the State and perused the record.

2. Learned counsel for the petitioner has prayed for a direction to set aside the order dated 18.4.2019 passed by SDM Sadar Jaunpur in Case No. 06965 of 2017 (Narendra Kumar vs. Moti Lal) and 28.1.2021 passed by Additional Sessions Judge (FTC-1) Jaunpur in Criminal Revision No. 96 of 2019.

3. Heard learned counsel for the parties and perused the orders dated 18.04.2019 and 28.01.2021. It is evident that the proceedings under Section 133 Cr.P.C. were dropped by the S.D.M., Sadar, Jaunpur in Case No. 06965 of 2017 (Narendra Kumar vs. Moti Lal) on the ground that a civil suit pertaining to the same dispute was pending between the parties. However, the said finding appears to be perverse in the light of the judgement of Smt. Rani Gupta And 3 Others vs -Anurag Jain, 2016:AHC:72755. Therefore, there is no bar to initiate proceedings under Section 133 Cr. P.C. simply because a civil suit has been filed by the applicants or because proceedings could have been taken by the owner--opposite party for ejectment of the applicants for the purpose of demolishing the building under the provisions of the Act.

4. Accordingly, both orders dated 18.4.2019 and 28.1.2021 are set aside. The learned Trial Court is directed to restore Case No. 0695 of 2017 and thereafter proceed with the case in accordance with law.

5. The petition is allowed.

(Anil Kumar-X,J.)

May 7, 2026

Ujjawal