KAMALA DEVI Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.PC praying for quashing the order dated 15-4-1991 passed by opposite party no. 1 under section 145 (1) Cr PC.

(2.) THE facts which are relevant for the decision of the controversy in dispute are that on 2-4-1991 Dilip Kumar opposite party no. 2 moved an application before the Station Officer, Police Station Kursi District Barabanki with the allegations that he purchased a house on 20-12-1990 from one Munna Lal and obtained possession of the same. After obtaining permission from the Sub Divisional Magistrate the sale deed was got registered on 20-3-1991. Certain persons including Ram Kumar, Prakash Chandra, Vikram, Ramakant and others want to take forcible possession of the house in dispute on account of which there is an apprenhesion of breach of peace. On the basis of this report learned Sub Divisional Magistrate on 15-4-1991 passed a preliminary order under Section 145 (1) Cr PC on the report of the Police. Along with this order the learned Magistrate also passed an order for attachment of the house in dispute and to give the same in the Supurdgi of some person till orders are obtained from the competent Court. This order was passed inspite of the objection of the applicant which was filed before the Sub Divisional Magistrate on 8-4-1991.