RAJESH KUMAR AGARWAL Vs. DISTT MAGISTRATE AGRA

JUDGEMENT

(1.) Rajesh Kumar Agarwal, petitioner herein not being a party to case No. 1/2000 pending in the court of City Magistrate, Agra has filed the present petition under Section 482 Cr. P.C. challenging the preliminary order as well as the order of attachment under Sections 145 and 146 of the Code of Criminal Procedure (for short the Code). Respondents Nos. 3 to 5 are the first parties and Dinesh Kumar Agarwal and Smt. Rajni Agarwal, wife of the petitioner are the second parties in the aforesaid case. There being likelihood of breach of the peace regarding possession of the land pertaining to plot/holding No. 19/10/PJ1A situated at Khataina Road under the jurisdiction of Lohamandi P.S., the City Magistrate, Agra on the basis of the police report initiated the aforesaid proceeding and simultaneously, attached the land.

(2.) Petitioners case, in brief, is that the land in question originally belonged to Saroj Kumar Jam, resident of 272 of Civil Lines, Jhansi. On his death, it devolved upon his sons, daughters and widow, who transferred the same by three sale deeds on 30th August, 1999 in favour of Dinesh Kumar Agarwal, Smt. Meenakshi and Smt. Rajni Agarwal. One Bholanath was occupying the said land as a tenant and after his death, his heirs surrendered the tenancy right in favour of the purchasers on 11/11/1999. Respondents No. 3 to 5 being members of R.S.S. tried to grab the land and moved an application before the City Magistrate, Agra for initiating proceeding under Section 145 of the Code who in turn called for a report from the police and on receipt of the report passed the preliminary order and simultaneously attached the land in question.

(3.) Further case of the petitioner is that he is the husband of Smt. Rajni Agarwal and other two purchasers are his brother and sister-in-law and he owns a shop over the disputed land where he has been running his business in iron rods. The impugned preliminary order as well as order of attachment, asserted the petitioner, suffer from ma/a fide, in as much as, the City Magistrate being politically influenced and without applying mind to the law involved, passed the said orders. He has further asserted that proceeding was initiated concerning ploljholding No. 19/10/N1A as would appear from the impugned orders, but in fact attachment was made in respect of the land pertaining to ploljholding no. 19/10/A. All the three purchasers as well as the petitioner, it is urged, filed a suit for injunction being O.S. No. 28 of 2000 in respect of ploljholding No. 19/10/A against opposite parties No. 3 to 5 and the learned Additional Civil Judge (S.D.), Agra by his order dated 7/1/2000 appointed Advocate Commissioner for inspection of the disputed land. When the civil court had taken cognizance of the dispute, on the very next day the local police at the instance of the respondents No. 3 to 5 initiated the present proceeding and consequently, the impugned orders were passed.