BRIJ LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.P. Singh, learned counsel for the applicants and learned A.G.A. and perused the record.

(2.) The applicants Brij Lal, Nankau and Lalla have filed this application under Section 482 Cr.P.C. impleading Brij Mohan and Bal Krishna as opposite party Nos. 3 and 4, with the prayer that the proceedings of Criminal Case No. 52 of 1996, under Section 145 Cr.P.C.-Brij Mohan and others Vs. Brij Lal and others, Police Station Soraon, District Allahabad, pending before the S.D.M., Soraon, Allahabad, be quashed and set aside.

(3.) The opposite party Nos. 3 and 4 filed an application against the applicants before the Pargana Magistrate, Soraon, Allahabad, under Section 145 Cr.P.C. stating that they are Bhumidhars of Plot No. 236, area 2 biswa situated at Village Malak Chaturi, Pargana and Tehsil Soraon, District Allahabad and are in possession thereof. The applicants are bent upon for taking unlawful possession from them and there is an apprehension of breach of peace between the parties and some serious incident is likely to take place regarding possession of the said land, over which they had constructed the house. The applicants have never been in possession of the house in dispute and have no concern therewith. They prayed for initiating proceeding under Section 145 Cr.P.C. and also for attaching the said house, saying that the proceedings under Section 107/116 Cr.P.C. were pending between the parties and there was tension regarding possession between them.