Ravindra Singh, J. - (1.) Heard Sri G.S.Chaturvedi, Senior Advocate, assisted by Sri Narendra Mohan, learned counsel for the petitioners and learned A.G.A..
(2.) It is contended that the proceedings under Section 145, Criminal Procedure Code (for short 'Cr.P.C.') have been initiated by learned City Magistrate, Mirzapur on the basis of the police report dated 2.11.2004. It is mentioned in the police report that the House No. 383/385 is under dispute between the petitioner Ajai Jain as a first party and Neeraj Khatri, respondent No. 4, as second party. Both the parties are claiming their possession over the house in dispute, both the parties are powerful and this dispute is likely to cause breach of the peace. The Station House Officer had locked and sealed the house in dispute in the presence of two witnesses, namely - Sunil Dubey and Manish Kumar Mishra and sent a report to learned City Magistrate, Mirzapur, praying therein that the house in dispute may be attached under Section 146 Cr.P.C. and thereafter the ownership of the house in dispute may be decided after hearing both the parties. On the basis of the abovementioned report dated 2.11.2004, the learned City Magistrate, Mirzapur, passed an order under Section 145(1) Cr.P.C. directing the parties to appear in his Court on 20.11.2004 at 10.30 A.M. to establish their possession over the house in dispute and not to disturb the peace and not create any dispute.
(3.) It is contended that in this case no attachment order in respect of the house in dispute has been passed by learned City Magistrate, Mirzapur but it is very surprising that before passing any order under Section 145(1) Cr.P.C. the Station House Officer of Police Station, Kotwali of City Mirzapur had locked and sealed the house in dispute. The act done by the Station House Officer is wholly arbitrary for which he was not legally authorized and it has been done on the basis of some other extraneous considerations. The act done by Station House Officer is wholly illegal, which requires interference by this Court.;