LAWS(UTN)-2009-12-29

RAM CHEEJ Vs. STATE OF UTTARANCHAL

Decided On December 07, 2009
RAM CHEEJ Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) PRESENT petition has been filed invoking jurisdiction of this Court under Section 482 of Code of Criminal Procedure to quash the orders dated 10.11.2004 under Sections 145(8) Code of Criminal Procedure and under Section 145(1) Code of Criminal Procedure passed by learned S.D.M., Rudrapur, district Udham Singh Nagar.

(2.) BRIEF facts of the present case are that Inspector of Police Station Kotwali Kichcha submitted a report dated 06.11.2004 saying dispute between the parties is pertaining to harvesting of Paddy crops standing on field no. 93 and 94 of village Pratappur, Indrapur, police station and Tehsil Kichcha, district U.S. Nagar. Report further says that there is apprehension of breach of peace between the parties pertaining to the harvesting of the paddy crops and any severe incident can take place.

(3.) ON the same day i.e. 10.11.2004 learned S.D.M. passed order under Section 145(8) of the Code of Criminal Procedure directing Tehsildar Kichcha to handover the paddy crop in the custody of independent person. It was further directed to attach the property of Chak No. 93 and 94 in favour of the State Government.