- (1.) The petitioner, by means of this petition under Section 482 Cr.P.C., has prayed for quashing of the impugned order dated 3.12.2012. and 24.1.2013 passed by the Sub Division Magistrate, Tarabganj, District Gonda, whereby the learned Magistrate, after passing of the preliminary order, has passed an order attaching the property in dispute till further order.
(2.) I have heard learned counsel for the parties and perused the record.
(3.) The facts giving rise to this petition are that the land in dispute bearing Gata Nos. 32, 36 and 853 situated at Village Mujer, Pargana Diksir, Tahsil Tarabganj, District Gonda was recorded in the name of one Avadhesh Kumar Singh, who was real uncle of the petitioner. He executed a registered Will in favour of the petitioner on 13.5.2002 and after the death of his uncle, the petitioner is in continuous possession of the said property. The opposite party no.4 on 2.11.2012 gave an information to the police against the son of the petitioner, which was registered as non-cognizable report. Thereafter an application under Section 145 Cr.P.C. was moved on 20.11.2012 and it was alleged that the land in dispute was recorded in the name of Avadhesh Kumar Singh. The Will executed in favour of the petitioner was said to be forged and it was stated that there was apprehension of breach of peace with regard to possession of the land in dispute. The learned Magistrate called for a report from the area Lekhpal who submitted his report on 19.12.2012 mentioned therein that on the land bearing Gata No.32, the crop of wheat was standing and Yogendra Singh was in possession thereof. With regard to Gata No. 36, it was reported that mustered crop was standing over the said land. With regard to Gata No. 853 the wheat crop was standing thereon. The petitioner on coming to know about the aforesaid proceedings, filed objection stating therein that the land in dispute was recorded in the name of one Avadhesh Kumar Singh, who executed a registered Will in his favour. It was also said in the objection that the opposite party no.4 had filed a suit for cancellation of sale deed in the court of Civil Judge, Gonda, which was alo pending and there was no dispute with regard to possession. The learned Magistrate, however, passed the impugned order directing the attachment of the property under Section 146 Cr.P.C. on the ground that there was apprehension of breach of peace between the parties.;