IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 187 of 2005 Dhukari Begum … Applicant Vs Sessions Judge & others … Opp. Parties None has appeared on behalf of the applicant Sri S.S. Adhikari, learned A.G.A. for the State/respondent Nos. 1 and 2 Sri M.C. Pandey, learned counsel for the respondent No. 3 Hon’ble B.C. Kandpal, J. In this case, Sri B.S. Khanka was the counsel earlier and has filed the petition is now dead. Therefore, the notice was issued to the petitioner for engaging any other lawyer. The notice was sufficiently served upon the petitioner on 04.10.2008 as is evidence from the record of the Chief Judicial Magistrate, Udham Singh Nagar. Neither any counsel has been engaged by the petitioner in order to plead the case nor the petitioner has appeared before this Court. 2. Today case has been called out but none is present on behalf of the petitioner. 3. Heard Sri M.C. Pandey, learned counsel for the respondent No. 3 and perused the First Information Report. 4. The First Information Report in this case was lodged by Mohd. Hasan lodged the First Information Report under Sections 324, 506 of I.P.C. against the respondents at Police Station Kichha, District Udham Singh Nagar. Thereafter, it appears that the proceedings under Section 145 Cr.P.C. was initiated between the parties and the respondents have filed the objection on 04.06.2003. The Magistrate concerned, rejected the application vide order dated 02.08.2003. 2 Thereafter, the petitioner preferred the revision and the revisional court vide order dated 02.09.2004 allowed the revision and set aside the order dated 02.08.2003 passed by the S.D.M. and terminated the proceedings under Section 145 Cr.P.C. 5. Feeling aggrieved by the aforesaid judgment and order, the petitioner preferred this petition before this Court. 6. The revisional court in view of the judgment propounded by Hon’ble Apex Court in Amresh Tiwari Vs Lata Prasad Dubey reported in 2000 AIR SCW 1467 has decided the revision and terminated the proceedings under Section 145 Cr.P.C. The Hon’ble Apex Court has propounded in catena of judgments that once the civil suit is filed and is pending between the parties, then there is no justification to continue proceeding under Section 145 Cr.P.C., because the civil court is competent to adjudicate the rights and possession of the parties. 7. I do not find infirmity or serious miscarriage of justice and abuse of process of Court in this case. There is no merit in the submission advanced by the learned counsel for the petitioners. The petition lacks merit and is liable to be dismissed. 8. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed. (B.C. Kandpal, J.) 18.08.2009 ASWAL