- (1.) This is an application under Section 482, Cr. P.C. for enforcement of an order passed by the S.D.M. in proceedings under Section 145, Cr. P.C.
(2.) The brief facts of the case are that applicant Ram Charan Das filed an application under Sections 145/146, Cr. P.C. in respect of a house situate in Pargana Gangoh, District Saharanpur. The property was attached by the order of S.D.M., Nakur. It was alleged by Ram Charan Das that the original owner of the property was one Sukhdeo Sao who gifted the property to him about 30 years back but the non applicants are threatening to forcibly dispossess him. The property was attached on 24-11-1982.
(3.) It may be mentioned that originally one Ramesh was the non-applicant in the case who was the nephew of opposite party No. 6 Narain Singh. Balveer Singh son of Narain Singh who is opposite party No. 4 in the present petition filed an application before the S.D.M. for being impleaded as a party to the proceedings. That application was allowed and the proceedings under Section 145, Cr.P.C. were between Ram Charan Das on the one hand and Balveer Singh on the other. The proceedings terminated in favour of Ram Charan Das and vide his order dated 5/05/1986 the learned S.D.M. declared Ram Charan Das to be the person in possession and he directed opposite party Nos. 2 and 3 not to interfere in the possession of Ram Charan Das.;