- (1.) Heard learned counsel for the petitioners, learned AGA for the respondents 1 and 2 and Sri Pankaj Kumar Tyagi for respondent no.3.
(2.) By means of this petition under Article 227 of the Constitution, the petitioners have challenged the order dated 23.8.2013 passed by Sub Divisional Magistrate, Sadar, Saharanpur in case no. 7 of 2012, whereby the preliminary order and the order of attachment passed in the proceedings under section 145 and 146 Cr.P.C. dated 27.7.2012 have been recalled and the attachment has been withdrawn. The petitioners have also laid a challenge to the order dated 5.6.2015 passed by the Additional Sessions Judge, Court no. 3, Saharanpur dismissing criminal revision no. 461 of 2013.
(3.) The proceedings under section 145 Cr.P.C. were initiated on the basis of police report dated 27.7.2012. On the same date, the order for attachment of the land in respect of which there was apprehension of breach of peace was also passed. Thereafter, the third respondent, who is the first party to the proceedings filed an application for dropping the proceedings in view of pendency of Original Suit No.299 of 2009 between the parties in respect of the same land. It was contended that in the suit, an order of injunction was passed on 19.8.2009, restraining the second party, the petitioners herein, from interfering in the possession of the third respondent and thus, the proceedings under section 145 Cr.P.C. and the order of attachment passed under section 146 Cr.P.C. cannot continue. The application was opposed by the petitioners.;