- (1.) Heard learned counsel for the applicants, opposite party nos. 2, 3 & 4, learned AGA and perused the entire material available on the record. This application u/s 482 Cr.P.C. has been filed by the applicants challenging order dated 12.03.1999 (annexure 7) passed by the City Magistrate, Badaun in Criminal Case No. 28 of 1998, under sections 145 & 146 Cr.P.C., whereby the learned Magistrate has modified his earlier order dated 08.03.1999.
(2.) It transpires from the record that a dispute arose between the rival parties regarding to the ownership and possession in regards to plot nos. 24 & 25 situate in Mohalla Jawaharpuri within the circle of Police Station Civil Lines, Budaun. It is established from the record that upon the police report, the learned Magistrate passed preliminary order dated 12.05.1998, under section 145 (1) Cr.P.C. (annexure 3) directing the parties namely Agan Lal Verma, Chandra Shekhar and Sanjay Kumar Tomar to appear before him on 28.05. 1998, file their written statements/objections in respect of their claims regarding possession over the aforesaid plots. It is further revealed that the said Magistrate, apprehending breach of peace, on the same date i.e. 12.05.1998 by a separate order (annexure 4) attached the aforesaid plots under section 146(1) Cr.P.C. and directed the SHO, Civil Lines, Budaun to give supurdagi of the same to some independent person and report back the compliance along with Supurdaginaama. It appears that against the attachment order dated 12.05.1998 Sanjay Kumar Tomar (herein opposite party no. 4) approached this Court. Pursuant to the orders dated 23.12.1998 and 12.01.1999 passed by another Bench of this Court in Misc. Application No. 5341 of 1998, the City Magistrate vide his order dated 08.03.1999 (annexure 5) withdrew the attachment in respect of of plot no. 24 and directed the S.H.O. to hand over the possession of the said plot in favour of Sanjay Kumar Tomar.
(3.) However, holding that since the aforesaid order of this Court passed in Misc. Application No. 5341 of 1998 did not relate to plot no. 25, order of attachment dated 12.05.1998 was not revoked in respect of plot no. 25 by the City Magistrate. Thus, the Magistrate maintained and kept intact his order dated 12.05.1998 in respect of plot no. 25 and also directed Agan Lal Verma (herein applicant no. 1) to produce evidence in respect of his claim regarding plot no. 25 and fixed 05.04.1999 for hearing in the matter.;