IQRAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under section 482 Cr. P.C. has been filed against an order of the Magistrate dated 26.7.1982 attaching the property in dispute passed under sections 14:5/146 Cr. P.C.

(2.) It appears that the applicants had challenged the said order in revision before the Sessions Judge, Bulandshahar who dismissed the same on 30.7.1982. Normally under law a petition under Section 482 Cr. P.C. against the revisional order would not lie in this Court and the said revisional order is challenge able under Article 226 of the Constitution of India. Looking at the prolonged proceedings since the year 1972 and this petition under Section 482 Cr. P.C. having been admired by this Court on 8.9.1982, it does not appear desirable in the interest of justice to ask the applicants to move another petition and it does appear fit and proper on the circumstances of this case to treat this petition as a petition under Article 226 of the Constitution of India so that real justice is done.

(3.) This case has a chequered history.A proceeding under Section 145 Cr. P.C. was initiated in the year 1972 wherein a preliminary order and an other attaching the property in dispute was passed on the April, 1973. The applicants teram and Sharif challenged the existence of the apprehension of breach of peace through an application. The learned Magistrate held, after hearing the parties, that there was in fact no apprehension of breach of peace and there was no dispute. Consequently, the said application was allowed and-the proceedings under Section 145 Cr. P.c. were dropped.