Bhagwan Din - (1.) -By means of this application under Section 482, Cr. P.C., applicant Krishna Kumar Navman prays for quashing the proceedings under Section 145, Cr. P.C., initiated on the basis of police report and also a final order passed on 6th August, 1984. The applicant has further prayed for quashing the order dated March 31, 1986 passed in Criminal Revision No. 262 of 1984.
(2.) THE facts and circumstances giving rise to the present application are that the Additional City Magistrate, Aligarh, on the basis of the police report of police station, Banna Devi made a preliminary order under Section 145 (1), Cr. P.C. requiring Sri Krishna Kumar Navman (present applicant) and Aligarh Muslim University Administration and others (present opposite parties) to appear in the Court and put in their written statements in support of their respective claims for possession over the plot No. 694 measuring 5 bighas 9 biswas, situated within the municipal limits of Aligarh, near Tiraha Gular Road, Aligarh (hereinafter referred to as the land in dispute). Parties appeared in the Court and filed their written statements. The applicant, Krishna Kumar Navman claimed that he had derived the title and possession over the land in dispute through Sri Amar Pratap Singh. In para 11 of the written statement, however, he stated that there is no apprehension of breach of the peace from his side. On behalf of Aligarh Muslim University, Aligarh, the Registrar filed written statement. He denied the title and possession of the applicant and claimed that the Collector, Aligarh in his capacity as Manager of the court of wards, relating to the land in dispute, granted lease in 1929 in favour of Aligarh Muslim University for a period of ninety years for the purpose of establishing City School. Since then Aligarh Muslim University has been in peaceful possession over the land in dispute till the date, the preliminary order was passed. In this written statement, in paras 12 and 13, it is further stated that there is no apprehension of breach of the peace from the side of the University.
(3.) PARTIES have also produced oral and documentary evidence in support of their claims for the possession over the land. The Additional City Magistrate, on conclusion of the proceedings, passed final order on August 6, 1984 holding that administration of Aligarh Muslim University has been in possession over the land during the period of two months preceding the date of preliminary order and was also in actual possession over the land in dispute on the date the preliminary order was passed. He, therefore, directed the police concerned to release the land in dispute in favour of Aligarh Muslim University with a direction to Krishna Kumar Navman not to interfere in peaceful possession. Against the above order, applicant Krishna Kumar Navman filed a Criminal Revision No. 262 of 1984 before the Sessions Judge, Aligarh, which was ultimately heard and decided by the VII-Addl. District and Sessions Judge, Aligarh, who dismissed the revision and upheld the order passed by the Magistrate. Against the order passed by the Addl. District and Sessions Judge, the applicant has filed this application.;