- (1.) Heard Mr. K.N. Mishra for the applicants and the learned AGA for the respondent no.1 and perused the record.
(2.) This is a petition under section 482 CrPC for quashing the order dated 16.3.2011 passed by the Sub Divisional Magistrate Barhaj, district Deoria under section 145(1) and 146(1) of the Code of Criminal Procedure (in short 'the Code') in case no. 17/2011, Ramakant Mishra vs. Chandra Pratap Singh.
(3.) It appears that the learned Magistrate received the report dated 4.3.2011 submitted by the police of police station Madanpur district Deoria, regarding an apprehension of breach of peace with regard to possession over the disputed plot no.398. Learned Executive Magistrate acted on the said report and passed the order dated 16.3.2011 under section 145 (1) of the Code (Annexure 5) and called upon both the parties to submit their written statements in respect of their claims. On the same day, the learned Magistrate, keeping in view the emergent situation, further passed an attachment order under section 146 (1) of the Code for the attachment of the disputed property.;