MURLI Vs. PARAS NATH SHUKLA

JUDGEMENT

(1.) This revision is directed against order dated 2nd June, 1981 by Sri P.N. Pathak, learned S. D. M. Machlishahar, District Jaunpur, in case No. 10/81 under Sec. 145 Code of Criminal Procedure by which the attached property was released piecemeal; petrol tank and machinery was ordered to be released in favour of Indian Oil Corporation and the show -room in favour of opposite party No. 1 Sri Prasas Nath Shukla.

(2.) It appears that these proceedings were initiated on an application by Murli addressed to SDM concerned dated 17 -3 -1981 about the Petrol and Diesel Pump Annapurna Filling Station installed in Machlishahar on Allahabad -Jaunpur road relating to which there was a dispute amongst the parties giving rise to an apprehension of breach of peace; an affidavit was also annexed to the aforesaid complaint by which it was averred that Sri Paras Nath Shukla opposite party wanted to dishonestly misappropriate this property with the help of some ruffians; report from Station Officer concerned was invited and the said Pump was attached on 18 -3 -81; the attachment memo is dated 19 -3 -81 which was drawn under Sec. 146(1) of the Code of Criminal Procedure as the Magistrate thought it a fit case of emergency. Subsequently an application was filed pending these proceedings by Sri M.C. Sahgal on behalf of Indian Oil Corporation alleging that Sri Paras Nath was the authorised dealer; Sri Murli was neither the owner of the land over which the Pump stood nor he was appointed a dealer or retailer; he had no locus stand; to initiate these proceedings ; at best he was simply a servant or attendant at this Petrol Pump; there was no apprehension of breach of peace nor there was any dispute within the meaning of Sec. 145(5) Code of Criminal Procedure. This application was listed for disposal on 26 -5 -1981; arguments were heard on 26 -5 -1981 and the matter was to be decided on 2 -6 -81 when the impugned order was drawn. Aggrieved by that decision this revision has been filed.

(3.) I have heard learned Counsel for parties at length and perused the record.