NARENDRA PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been preferred against the judgment and order of Sub-Divisional Magistrate, Sadar, Jaunpur, refusing to implead the revisionist as a party.

(2.) The facts of this case are very brief. On an application of Jai Prakash (opposite party No. 10) and report of Station Officer, Police Station Buxa, district Jaunpur, the Magistrate had passed a preliminary order dated 3/08/1988. On 30-8-1988, the revisionist had moved an application for being impleaded as a party on the ground that he was owner and in possession over the property. He was away at Bombay and when the proceedings under S.145 of the Code of Criminal Procedure (hereinafter referred to as the Code) were initiated. The learned Magistrate has dropped the proceedings on 13-9-1988 on the ground that there was no apprehension of breach of peace. He released the property in favour of opposite parties 2 to 9. The application of the revisionist for being impleaded was also rejected. It is worth mentioning that opposite party No.10 had filed a revision against the order of the Magistrate before the Sessions Judge. It was rejected. The opposite party No. 10 has filed a writ petition challenging the orders of the Magistrate as well as the Sessions Judge passed in the revision.

(3.) The opposite party No. 10 has challenged the propriety and legality of the orders of the Magistrate as well as the Sessions Judge.