Mahendra Dayal, J. - (1.) The petitioners have assailed the judgment and order dated 17.02.2016 passed by Special Judge, SC/ST Act, District Bahraich in Criminal Revision No. 65/2015, whereby the revision has been allowed and the order dated 07.05.2015 passed by Sub -Divisional Magistrate, Sirauli Gauspur, District Barabanki under Ss. 145(1) and 146(1) Cr.P.C. has been set aside.
(2.) The brief facts are that the opposite parties No. 2 and 3 moved an application under Ss. 145/146 Cr.P.C., in the Court of Sub -Divisional Magistrate, Sirauli Gauspur, District Barabanki with the allegations that the disputed land bearing Gata No. 116, 262 situated in Village Dadrauli Bhawanipur, Police Station Kotwali Badosarai, District Barabanki was their ancestral property. It was also alleged that they were in possession of the half of the portion of the aforesaid property on which the crops were standing. It was also stated in the application that a suit with regard to the title of the disputed land was pending in the Civil Court as well as in the Consolidation Court, but there was no stay order by any of the forum. According to the opposite parties No. 2 and 3, the petitioners wanted to destroy the standing crops and also wanted to take forcible possession over the land by forcibly evicting them.
(3.) It appears that on the application of the opposite parties No. 2 and 3, the learned Sub -Divisional Magistrate called for a police report and considering the police report, the order dated 07.05.2015 was passed by which a composite order under Ss. 145 and 146 Cr.P.C., was passed and while initiating the proceedings under Sec. 145 Cr.P.C., an order for attachment of the disputed property was also passed. A copy of the order was sent to the police station concerned and on 10.05.2015, the police of Police Station Badosarai attached the land in dispute and the crop was given in the custody of one Fakire Lal. The petitioners feeling aggrieved by the aforesaid attachment order preferred Criminal Revision No. 65/2015, which was allowed by the revisional court and the order dated 07.05.2015 was set aside.;