IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL REVISION No.104 of 2007 Sant Ram S/o Late Girdhari Lal R/o House No.A-35, Durga Mandir Gali, Rudrapur, Distt. U.S. Nagar … Revisionist Versus Sessions Judge, U.S. Nagar & two others … Respondents Dated: August 20, 2008 Sri Piyush Garg, counsel for the revisionist Sri M.A. Khan, learned brief holder for the State HON. DHARAM VEER, J. This criminal revision, preferred by the revisionist under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 11.05.2007 passed by Sessions Judge, U.S. Nagar in Criminal Revision No.49/2007, Bhushan Lal Vs. State of Uttaranchal & another, and also against the order dated 19.5.2007 passed by Chief Judicial Magistrate, U.S. Nagar in Criminal Case No.66/2007, Sant Ram Vs. Bhushan Lal. In brief, the case is that revisionist-Sant Ram moved an application u/s 156(3) of Cr.P.C. with the averments that he had purchased a house D-1 D-2, Civil Lines, Janta Inter College Road, Rudrapur through a registered sale deed. Respondent No.3-Bhushan Lal also purchased a plot adjoining to the house of revisionist. Since the Respondent No.3-Bhushan Lal was in need of a house, hence the revisionist-Sant Ram gave house to Respondent No.3-Bhushan Lal to reside. When the respondent no.3- Bhushan Lal did not vacate the said house after the request of revisionist, then the revisionist gave a notice to Respondent No.3 for vacating the said house. After receiving the notice, Respondent No.3-Bhushan Lal filed a Civil Suit No.126/2003, Bhushan Lal Vs. Santram in the Civil Court, U.S. Nagar and on the inspection made by revisionist-Sant Ram, he came to know that Respondent No.3-Bhushan Lal has filed a family partition suit. On that application moved by revisionist u/s 156(3) Cr.P.C., the CJM, U.S. Nagar vide his order dated 26.4.2007 passed an order to register the case. Against the said order dated 26.4.2007, the Respondent No.3-Bhushan Lal preferred a criminal revision. The said revision was allowed by Sessions Judge, U.S. Nagar vide his judgment and order dated 11.5.2007 and order dated 26.4.2007 passed by CJM, U.S. Nagar was set aside and the matter was remanded back to the concerned Magistrate with a direction to decide the application after considering the fact that a civil suit is also pending between the parties with respect to disputed documents. After the remand of case, learned CJM, U.S. Nagar vide his order dated 19.5.2007 rejected the application moved by the revisionist u/s 156(3) of Cr.P.C. and it was held that a civil suit is already pending between the parties and in the said suit, the matter in dispute can also be resolved. Against the aforesaid orders dated 11.5.2007 and 19.5.2007, the present revision has been preferred before this Court. Sri Piyush Garg, learned counsel for the revisionist stated at bar that he does not want to press his revision and stated that the present revision may be dismissed as not pressed. Even otherwise, I have perused the judgment and order dated 11.5.2007 passed by Sessions Judge, U.S. Nagar and order dated 19.5.2007 passed by CJM, U.S. Nagar and I do not find any illegality, incorrectness or impropriety in the aforesaid orders. In view of the above, the revision is dismissed. Interim order dated 03.07.2007 passed by this Court stands vacated. (Dharam Veer, J.) August 20, 2008 Rajeev Dang