- (1.) Heard learned counsel for the parties.
(2.) This writ petition is directed against the order of attachment dated 17.7.2009, passed by the City Magistrate, Gorakhpur under Section 146(1) Cr.P.C in Case No.49/2009 and the order dated 25.7.2009 passed by the District & Sessions Judge, Gorakhpur, dismissing the Revision No.147/2009, preferred therefrom on the ground of maintainability.
(3.) The petitioner claimed himself to be a resident as tenant of House No. 430 at Plot no.680/681 in Moholla Basratpur near Thana Mod, Shahpur, Gorakhpur (property in dispute). The petitioner claims that respondent no.4 being the District President of a political party, prepared forged and fabricated sale deed in his favour, in respect of the property in dispute and on 5.6.2009 attempted to forcibly dispossess the petitioner and his family members from the said property and also managed to kidnap his brother with the help of unknown persons, as a result of which, an FIR as Case Crime No.826/2009, under Sections 419/420/467/468/384/504/506 IPC came to be registered in which respondent no.4 was arrested, sent to jail, but eventually released. A police challani report under Section 145 Cr.P.C was submitted on 1.7.2009 before the City Magistrate concerned, alleging that there is a dispute between the parties relating to the possession of the property in dispute. Taking cognizance of the said report, the City Magistrate on 17.7.2009, passed an order under Section 145(1) Cr.P.C directing the parties concerned to submit their defence either personally or through their lawyer on 28.7.2009 and on the same date in view of imminent urgency, also passed an order under Section 146(1) Cr.P.C, directing the police concerned, to take the property in dispute in its possession, till such time, orders are not obtained from the competent court. The petitioners challenged the orders under Section 145(1) & 146(1) Cr.P.C in Criminal Revision No. 147/2009, which came to be dismissed on 25.7.2009 on the ground of maintainability. Challenging the orders dated 17.7.2009 and 25.7.2009, the present writ petition has been filed.;