ANANT RAM NANDA Vs. STATE

JUDGEMENT

(1.) The present petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) is for quashing a preliminary order under section 145 and an order attaching, under section 146 of the Code, a property No. 5229-31, Sarai Hafiz Banna, Gandhi Market, Sadar Bazar, Delhi. These orders were passed on 9th August 1985 by Shri G S. Chaturvedi, SDM, Kotwali, Delhi.

(2.) The impugned orders were passed on an application dated 8th August 1985 of one Rakesh Nanda, who claims to be in possession of the property in question as a tenant of the petitioner. It was alleged in that application that there was dispute about the possession of the aforesaid property on account of which there was possibility of breach of peace and, therefore, the proceedings under sections 145 and 146 of the Code be taken. Vide order under section 145 of the Code, the learned S.D.M. called upon the parties i.e. the present petitioner and Rakesh Nanda to appear before him on September 3, 1985 and to put in their respective written submissions, documents and list of witnesses, if any, in support of their respective claims regarding the possession of the property in dispute (described already). Simultaneously, the learned S.D.M. also passed an order under section 146 of the Code attaching the property by making the following remarks:

(3.) It is contended by the petitioner that the aforesaid orders are illegal, that the property could not be attached and that, therefore, the same be set aside. The petitioner has also stated the history as to how the disputes started and went on but I am not mentioning the entire history as it is not relevant for deciding this petition. However, only one thing is being mentioned that a suit was brought by Rakesh Nanda in a civil court which is still pending and in that suit also a temporary injunction is in force to the effect that status quo should be maintained.