IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO. 1248/05 Pramod Kadu ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE : 14.2.2008 Heard Mr. Dhok, Advocate for the applicant, Mr. Thakre, A.P.P. for respondent no.1 & Mr. Kurekar, Advocate for respondent no.2. Rule. Rule made returnable forthwith. Heard finally with consent of parties. This is an application u/s 482 of Cr.P.C. Application for challenging the order of 2nd Additional Sessions Judge, Amravati in Criminal Revision Application No.99/2004 dated 5.11.2004 by which he dismissed the revision petition filed by the present applicant arising out of the Criminal Case NO.2/2004 u/s 147 of Cr.P.C. decided by S.D.M. Amravati. The dispute is regarding bore well. Learned S.D.M. has held that the party no.2 i.e. respondent no.2 is in possession of the same. As such he had passed relevant order. Revision of the revision applicant i.e. present applicant was dismissed. That means both the courts have concurrently held that the respondent no.2 is in possession of the said bore well. Learned counsel for the applicant has submitted that the order is incorrect, improper and against the inferences that can be drawn from the facts which are available on record. Learned A.P.P. has nothing to say in the matter. However, learned counsel for respondent no.2 has submitted that during the pendency of this application a civil suit was filed by the present applicant in respect of the same subject matter and it was decided against him. Thereafter the matter is carried which is still pending. It would be thus clear that civil proceedings are pending between the parties in respect of the same property, which are presently to be decided by the appellate Judge. Hence I do not think that there is sufficient merit for considering this application which is under section 482 of Cr.P.C. The parties can certainly get their rights decided in the civil proceedings. As such this application can not be entertained and has to be dismissed. Rule is discharged. JUDGE smp.