- (1.) This writ petition has been filed seeking quashing of order dated 28.11.2006 passed by City Magistrate, Faizabad in proceedings under Section 133 Cr.P.C. and order dated 18.8.2007 passed by IVth Addl. District & Sessions Judge, Faizabad in Criminal Revision No. 264 of 2006, wherein application under Section 133 Cr.P.C. was allowed and the order was confirmed in revision.
(2.) Brief facts of the case are that petitioners are tenants of house no. 8/8/47 situated in Mohalla-Dalmandi, Fatehganj, Faizabad since long. Opposite party no. 3 claiming herself to be owner of the aforesaid house, filed an application under Section 133 Cr.P.C. in the court of City Magistrate, Faizabad for demolition of the house on the ground of house being in dilapidated condition. Petitioners were not made party in the said application. The City Magistrate, Faizabad called a report of local police regarding existing condition of house in question and considering the same and other materials issued a conditional order dated 11.12.2003.
(3.) Petitioners after coming to know about filing of aforesaid application, appeared in the proceedings and filed objections in which they stated that they are necessary party in the proceeding. Petitioners also stated that civil litigation in respect of house in question is pending and interim relief is also passed therein, and in view of this, proceedings under Section 133 of the Code are not maintainable. They also stated that proceedings are liable to be quashed for want of notice to the petitioners and that report submitted by local police is full of fabrications as no one ever inspected the house in question.;