- (1.) Heard Sri Santosh Kumar Kesarwani, for the petitioner and Government Advocate, for State of U.P.
(2.) This petition has been filed for setting aside the order of Additional City Magistrate-VI, dated 07.02.2015, releasing Premises No. 117/220 (2), Kakadeo Vinayakpur Chhapeda, Kanpur in favour of Mohd. Saleem (respondent-4) and Additional Sessions Judge, dated 12.04.2016, dismissing the revision of the petitioner, filed against aforesaid order.
(3.) Mohd. Safeeq Alam (respondent-3) filed an application (registered as Criminal Case No. 7 of 1984), on 15.10.1984, for initiation of proceeding under Section 145 Cr.P.C. It has been stated in the application that the applicant along with his brothers purchased Premises No. 117/220 (2), Kakadeo Vinayakpur Chhapeda, Kanpur, through sale deed from Smt. Shamim Akhtar. On the basis of sale deed, their names have been mutated in municipal records. The disputed premises was in ruinous condition on the spot. They were doing repair works on the spot. At that time Jageshwar (respondent-2) visited there and informed that earlier he was acting as watchman of the premises on the instruction of Smt. Shamim Akhtar. He developed intimacy with the applicant and his brothers and assured that he would watch work of construction of boundary wall and filling up plinth. On 10.10.1984, when the applicant visited premises, he found Jageshwar and his family members residing in the hut on the disputed premises. There was apprehension of breach of peace in respect of possession over disputed premises.;