P.N. Bakshi, J. - (1.) THIS is an application under Section 482, Cr. P.C. for quashing an order passed in proceedings under Section 145, Cr.P.C. attaching the subject-matter in dispute which happens to be an educational institution situated in Mohalla Gorpar, Deoria town. On receiving a report from the police the Magistrate was satisfied that there was an apprehension of breach of peace, as such he passed the preliminary order. Considering the cases of emergency he also made an order attaching the property and appointed a Supardar. Ag grieved by this order the applicant came to this court by way of a pe tition under Section 482, Cr.P.C.
(2.) THE impugned order of the Magistrate was passed on June 1, 1974. The petitioner filed the present application in this court on October 3, 19:74 and obtained an interim order staying the operation of the order of the Sub-Divisional Magistrate, Deoria, dated June 1, 1974. I have heard learned counsel for the parties and have also per used the affidavits, counter-affidavits and rejoinder affidavits. It is admitted that the order dated June 1, 1974 has already been carried out prior to the passing of the interim stay order by this court on October 3, 1974. In this view of the matter, I am of the opinion, as has been rightly contended by the learned counsel for the opposite parties, that this application has become in fructuous.
(3.) IT is also contended by the applicants counsel that the impugned order should be set aside on the ground of illegality. He submits that the court had no jurisdiction to attach movable property which was contained in the educational institu tion. I agree with the learned counsel that movable property cannot be attached in proceedings under Section 145, Cr.P.C. but where it is a case of educational institution which has got to be run in the in terest of the education of the student community, I would not be justified in interfering with the court's order, in the interest of jus tice, in spite of this illegality. The admitted position is that a recei ver had taken possession of the institution and the same is being run If the impugned order is set aside to the extent of furniture, almirahs and other movable, the school obviously would not be able to func tion, on the other hand it would rather make it impossible to run the institution. In the interest of justice, I do not feel inclined to inter fere with the order of the Magistrate, even though there is some illegality.;