Chandra Dhari Singh, J. - (1.) Heard Mr. R.P. Mishra learned counsel for the applicant, learned A.G.A. for the State as well as Mr. M.A. Siddiqui learned counsel for opposite party no.2 and perused the records.
(2.) The present application has been filed for quashing the order dated 20.05.2011 passed by Sub-Divisional Magistrate in Case No.19/21/33/39/47/58, under Section 146 (1) Cr.P.C. in an application moved by opposite party nos.3 to 5, under Section 145 Cr.P.C. (Ram Sajivan and others vs. Shiv Vardan) related to Village Bodhepur, Police Station Khandasa, District Faizabad.
(3.) Brief facts of the case : I. An application was moved by the opposite party nos.3 to 6 for initiating the proceeding under Section 145 and 146 Cr.P.C. in relation to Plot No.318 area 0.740 Ha., Plot No.493 area 0.147 Ha and Plot No.731 area 1.203 Ha situated in the village Bodhepur, P.S. Khandasa, District Faizabad on 15.04.2006. II. Upon the said application a preliminary order under Section 145(1) Cr.P.C. was passed by the then S.D.M., Milkipur on 07.11.2006 inviting the objection from the applicant as well as opposite parties showing their possession on the property. The objection was filed on 20.11.2006. III. The applicant appeared before the court and he has filed the objection. The applicant claimed his possession mentioning therein that the applicant is having the plots in question. The applicant stated in the objection that the said plot was given by one late Sri Triloki Nath Shukla. The name of applicant was also incorporated in the parivar register being adopted son of late Triloki Nath Shukla. IV. During the consolidation proceeding Form CH-5 was also issued in the name of applicant being the adopted son of late Triloki Nath Shukla.;