HIGH COURT OF CHHATTISGARH AT BELASPUR cr.m.P.No.4aa‘p2m9 Petitioner Jairam Yadav: Slo Kejau‘Ram Yadav, aged abcut 55 years, Fwsident sf Viuaga Kosrangee, Poiice Station Kharora, District Raipur (CG) Versus Resnondents 1. Ashok Yadav: Slo Shri JeevrakhanYadavi aged abcut 42 years, Resident sf Vigage Kosrangee, Poiice Station Kharora, Distric Raipur (CG) N State of Chhattésgarh, Through—Police Station Teiibandha, Raipur, District Raipur (CG) (Petition under Section 482 of the Cr.P.C.) (sa: Hon’ble Mr'. 1P. sharma, J.) This is a petiticn under Section 482 of the Cr.P.C.’ (for ehort "the Code”)for quashment of the order dated i6~07~2009 passed by the 7*“ Additional Sessions Judge, Raipur in Criminal Revision No.23/2009 affirming the order dated 28-1 $2008 and 01 42-2008 passed in Case No.2/2008 by the Sub Divisional Magistrate, Aarang. (2) Learned counsei for the petitioner seeks withdrawal of this petition with liberty to rile reply of the preliminary order under Section 145(1) of the Code as also to file appropriate application for dropping the proceedings pending under Section 145 of the Code. (3) Present: ~ Mr. C. R Sahu, counsei forthe petitioner, Mr. Ashigh Gupta, Panei iawyer for the State ORAL ORUER gPassed on 14‘“ September 2009) in the tight of decision of the Apex Court rendered in Ram Sumer Puri Mahani vs. State of Utter Pradesh, AIR 1985 Supreme Cour! 472, held that paraiiei proceeding in Civil and Criminal Court should not be permitted to continue and in the event of a pendency of a civii iitigation! criminai proceedings'should be dropped. in the present case; civil suit tiled by the non-appiicant No.1is pending before the 12m Civil Judge Ciass~ii, Raipur for possession of the disputed land. i4) Reserving the liberty as prayed for: the petition is dismissed as withdrawn. Sdk TXISILARhLR udge t J