P.N.Bakshi, J. - (1.) This revision arises out of the proceedings under section 145 Criminal Procedure Code. This litigation has a long chequered history. It appears that proceedings under section 145 Criminal Procedure Code, were initiated before the S.D.M. on the application of Murali dated 17th March, 1981 with respect to the Petrol diesel pump Annpurna Filling Station installed in Machhali Shahar on Allahabad-Jaunpur road. The allegation was that Paras Nath Opp. Party wanted to take forcible possession of the property - with the assistance of undesirable persons and that there was an apprehension of breach of peace. Considering the case one of emergency, the Sub-Divisional Magistrate directed attachment of the Petrol Pump under section 146(1) Criminal Procedure Code vide its order dated 18th March, 1931. An application was filed thereafter by the Indian Oil Corporation though Mr. M.C. Sahgal, alleging that Paras Nath was an authorized dealer and that Murali was neither owner of the land; nor the Petrol Pump, but merely a servant employed at the Pump. It is all alleged that there was no apprehension of breach of peace and the proceedings were liable to be dropped. The applicant claimed to be a person interested within the meaning of the aforesaid expression under section 145 Criminal Procedure Code. On 2.6.1981, the Sub-Divisional Magistrate dropped the proceedings under section 145 Criminal Procedure Code. He vacated the order of attachment and directed release of the Petrol Pump in favour of the Indian Oil Corporation and the land on which the Petrol Pump stood in favour of Paras Nath. Aggrieved thereby Criminal Revision No. 740/81 was filed in this court. Honble N. N. Sharma, J. allowed the revision, set aside the order of S.D M. dated 2.6.1981 and remanded the case to the Magistrate to be dealt with in accordance with law under the provisions of Section 145(4) & IS) Criminal Procedure Code vide his order dated 4. 12.1981. An application was filed thereafter in the High Court on behalf of the Indian Oil Corporation for recalling the order of this Court dated 4.12.1981 on the ground that the Indian Oil Corporation had not been impleaded as a party in the said revision and the order had been passed behind its back. Honble N. N. Sharma J. rejected this application on 30th April. 1982, holding that his order passed in revision was not liable to be recalled and that it was open to the Indian Oil Corporation to agitate the question whether it was interested party or not in proceedings before the trial court.
(2.) The Sub Divisional Magistrate then proceeded to decide the case under section 145 (4) (5) Criminal Procedure Code. Again an objection was filed before the Sub Divisional Magistrate by the Indian Oil Corporation claiming to be a person interested and praying that the order of reattachment or property be recalled and proceeding. under section 145 Criminal Procedure Code be dropped. Paras Nath also filed an application before the Sub Divisional Magistrate on 13.9.82 in which he also alleged that there was no apprehension of breach of peace and the proceedings under section 145 Criminal Procedure Code were not maintainable and they should be dropped. The Sub Divisional Magistrate repelled the contentions of the Indian Oil Corporation as well as of Paras Nath vide its order dated 16.5.83. Paras Nath appears to be satisfied with the order of the S.D.M. inasmuch as he did not file any revisions before this Court, but the Indian Oil Corporation being dis-satisfied filed the instant revision No. 1033 of 1983, in which Murali and Paras Nath were both impleaded as the Opp. parties.
(3.) It may be worth-while to mention that in the impugned order dated 16.5.83, the Sub Divisional Magistrate after considering the comparative cases of the parties, as set out by them came to the conclusion that the apprehension of breach of peace continues to exist. He was also of the view that since the Indian Oil Corporation did not claim to be in possession but has put forward the case that possession be delivered to Paras Nath. It was not a person interested within the meaning of Section 145(5) Criminal Procedure Code.;