Mahendra Dayal, J. - (1.) The applicants have filed this application under Section 482 Cr.P.C., for setting aside the judgment and order dated 01.07.2016 passed by Special Judge SC/ST Act, Barabanki in Criminal Revision No.65/2015, whereby the revision filed against the order dated 07.05.2015 passed by Sub Divisional Magistrate, Sirauli Gauspur, Barabanki, under Sections 145(1) and 146(1) Cr.P.C., has been dismissed.
(2.) The facts of the case in brief are that the learned Sub Divisional Magistrate, Sirauli Gauspur, Barabanki while entertaining the application of the opposite party No.3, called upon a report of the concerned police station, who in turn submitted its report on 31.07.2014 indicating therein that in respect of Gata No.116 and 262, there was serious dispute between the parties. It was also indicated in the said report that litigation in the civil and consolidation courts was pending. The police also indicated in the said report that there was apprehension of breach of peace and any party may commit any serious offence. Upon consideration of the said police report, the learned Sub Divisional Magistrate, Sirauli Gauspur, Barabanki passed a composite order firstly initiating the proceedings under Section 145(1) Cr.P.C., and passed a preliminary order directing the parties to appear and file their respective claims and thereafter passed an order under Section 146(1) Cr.P.C., attaching the property in dispute.
(3.) The aforesaid order was challenged by the applicants by way of filing Criminal Revision No.65/2015, which was allowed on 17.02.2016 and the order passed by the Sub Divisional Magistrate, Sirauli Gauspur, Barabanki dated 07.05.2015 was quashed. The opposite parties No.3 to 7 approached this Court by way of filing an application under Section 482 Cr.P.C., challenging the order of the revisional court, which was allowed on 08.04.2016 and the order of the revisional court dated 17.02.2016 was set aside directing the revisional court to restore the revision to its original number and decide the revision again in the light of observations made by the Court. In compliance of the aforesaid order, the learned revisional court re-heard the matter and after consideration, passed the impugned judgment dated 01.07.2016 dismissing the revision and confirming the order dated 07.05.2015.;