Anil Kumar Srivastava, J. - (1.) Criminal Miscellaneous Case No.36 (U/s 482 Cr.P.C.) of 2004 was filed with a prayer to give effect to the order dated 31.12.2002 passed by Additional Magistrate(II) Kheri in case no.73 of 2002 under Section 145 Cr.P.C. and also to quash the order dated 26.12.2003 passed by the Additional District Magistrate, Lakhimpur Kheri.
(2.) Criminal Miscellaneous Case No.3658 (U/s 482 Cr.P.C.) of 2009 was filed with prayer to quash the order dated 28.3.2009 passed by learned Additional Sessions Court No.5, Lakhimpur Kheri in Criminal Revision No.33 of 2003; Smt. Nirmala Jain and another vs. Kamal Gulati which was filed against an order dated 31.12.2002 passed by learned Additional Magistrate-II, Lakhimpur Kheri.
(3.) Proceedings under Section 145 Cr.P.C. were initiated on the basis of police report, learned Magistrate passed a preliminary order wherein both the parties were required to file their reply. On 31.12.2002, learned Magistrate rejected the objections dated 11.12.2002 filed by the opposite parties and held that the proceedings under Section 145 Cr.P.C. are maintainable. Parties were directed to maintain the status quo and date for evidence was fixed on 26.12.2003. Additional District Magistrate, Lakhimpur Kheri passed an order that the land in question has been declared as freehold in favour of the opposite party and the petitioner has no claim over the property. Hence, the possession should be handed over to the opposite parties.;