- (1.) This is a petition under Section 482 of the Code of Criminal Procedure with the prayer that the order dated 8-4-1997, Annexure 15 of the petition, passed by Sri Swatantra Singh, the then VIth Additional District and Sessions Judge, Aligarh in revision No. 118 of 1997 - Ashok Kumar Jain v. State of U.P. and others setting aside the order dated 27-1-1997 passed by the City Magistrate Aligarh - Opposite Party No. 2 in proceeding under Section 145 of the Code, be quashed.
(2.) Counter and rejoinder affidavits have been exchanged. Heard Sri Anand Kumar Gupta for the petitioner and Sri Viresh Mishra for opposite party No. 3 - Ashok Kumar Jain as well as learned standing counsel on behalf of the opposite party Nos. 1 and 2.
(3.) Shorn of all superfluities, the case of the petitioner is that there is a shop No. 7/4, Railway Road, Abdul Karim Crossing, Aligarh of which S/Sri Arvind Kumar and Manoj Kumar are owners - landlords. It is alleged that the petitioner Ramesh Chandra Saxena was inducted as tenant in the said shop in the year 1954. Sri Saxena was employed in the Life Insurance Corporation of India and, therefore, he had certain difficulties in doing business at the shop. His father, Bhagwat Swarup looked after the business and after his death in 1965, Smt. Nirmal Saxena wife of the petitioner used to sit on the shop to carry on the business in the name and style of 'Nirmal Cut Piece'. Ashok Kumar Jain - opposite party No. 3 is the real brother of one Anand Kumar Jain who happens to be the colleague of the petitioner in Life Insurance Corporation of India. Ashok Kumar Jain was appointed as a Salesman on the shop in the year 1980 and a document dated 22-1-1980, which is contained in Annexure 1 to the affidavit, was executed, whereby Ashok Kumar Jain had undertaken to work as a salesman is lieu of share of 25% of the monthly profit and that he would place the keys of the shop every evening at the residence of the petitioner. In the year 1991-92 the petitioner fell seriously ill and was admitted in the hospital. The wife of the petitioner could not attend the shop regularly as she was busy in attending the petitioner. Ashok Kumar Jain was directed to look after the business of the shop and when the wife of the petitioner went to the shop after the petitioner came back from hospital, Ashok Kumar Jain did not allow her to enter the shop with the result a dispute about the possession of the shop arose and the local police of police station Delhi Gate, Aligarh submitted a report before the City Magistrate, Aligarh on 21-4-1992 for initiating action under Section 145, Cr.P.C. A preliminary order was passed by the City Magistrate opposite party No. 2 on 22-4-1992 and on the report of the local police of the same date, it was ordered that the shop be sealed and consequently four locks which existed on the shutter of the shop, were sealed.;