Mahendra Dayal, J. - (1.) By means of this application under Sec. 482 Cr.P.C., the applicant has prayed for quashing of the order dated 24.06.2014 passed by Additional City Magistrate Vth, Lucknow in Case No. 41/23/2014, under Ss. 145/146 Cr.P.C. relating to P.S. Ghazipur, Lucknow, whereby the learned Magistrate has passed an order for attachment of the property in dispute which is House No. A -314, Indira Nagar, Lucknow.
(2.) The brief facts of the case are that one Syed Ishrat Hussain was the owner of House No. A -314, Indira Nagar, Lucknow. He by means of a registered sale -deed dated 28.05.2009 sold the said house to the opposite parties No. 2 and 3. Shri Syed Ishrat Hussain died on 04.07.2009. After the death of Shri Syed Ishrat Hussain, when his sons came to know about the execution of the sale -deed by their father, they filed a suit for cancellation of the sale -deed and permanent injunction in the Court of Civil Judge (Senior Division), Lucknow being Regular Suit No. 801/2009, which is still pending. In the said suit, the opposite parties No. 2 and 3 appeared and filed their written statement on 03.11.2009. In the counter claim, the opposite parties No. 2 and 3 made a prayer for a decree of mandatory injunction directing and commanding them to vacate the disputed house and hand over its vacant possession to them. After a gap of about four and half years, the opposite parties No. 2 and 3 moved an application under Sec. 145 Cr.P.C. before the Magistrate concerned with the allegation that there was serious dispute between the parties with regard to the possession of the disputed house and untoward incident may happen any time. It was also mentioned in the application that several cases including criminal cases are also pending between the parties and there is every likelihood of apprehension of breach of peace. With the aforesaid allegations, it was prayed that after calling for the report from the concerned police station, the house in question be placed under attachment. The Additional City Magistrate called for a report from the concerned police station and while passing a preliminary order under Sec. 145(1) Cr.P.C., issued notice to the applicant. The applicant on 25.03.2010, filed his written statement stating therein that the proceedings under Sec. 145 Cr.P.C., were not maintainable as the civil suit between the parties with respect to house in dispute was pending in the civil court and by the order dated 25.03.2010, the civil court has passed an interim order by which the opposite parties No. 2 and 3 have been restrained from evicting the applicant. The written submission on behalf of the opposite parties No. 2 and 3 was also filed before the learned Additional City Magistrate. After exchange of pleadings, the learned Magistrate by the impugned order dated 24.06.2014 directed the Station House Officer, Ghazipur to attach the house in question and keep possession thereof with him till further orders.
(3.) Feeling aggrieved by the said order of attachment, the applicant has approached this Court by way of filing the present application under Sec. 482 Cr.P.C.;