ANIRUDH NATH MISHRA Vs. DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) SURYA Prasad, J. The facts emerging from the evidence on record briefly stated are that one Gaya Prasad had three sons including Tribhuwan Lal and Vindhyachal Srivastava. Tribhuwan Lal Srivastava had his son named Shriman Lal Srivastava, who was issueless. Smt. Savitri Devi was his wife. It is alleged that Tribhuwan Lal Srivastava executed a Will dated 29. 8. 89 in favour of his nephew Ram Asrey Srivastava son of Vindhyathal Srivastava in respect of the House No. 141/261 situated in Mohalla Andhyaribagh, police station Tewanpur, District Gorakhpur. Smt. Savitri Devi is, on the other hand, alleged to have executed a Mukhtarnama in favour of Atul Kumar Srivastava in respect of the said house. The station House Officer of police station Tewaripur submitted a report dated 12. 1. 91 to the City Magistrate, Gorakhpur mentioning therein, inter alia, that there was apprehen sion of breach of peace between the first party Ram Asrey Lal and the second party Atul Kumar Srivastava over the possession of the aforesaid House No. 141/261. Consequently the City Magistrate passed an order under Section 145 (1), Cr. P. C. Subsequently, Atul Kumar Srivastava moved an application to the effect that there was apprehension of breach of peace between the aforesaid parties. The police also submitted its report dated 13. 5. 91 to the effect that there could be breach of peace at any time. Therefore, the City Magistrate after perusing the police report dated 12. 1. 91, the application moved by Atul Kumar Srivastava and the police report dated 13. 5. 91 arrived at the conclusion that the house in dispute should be given in the Supurdgi of some impartial Supurdar. Conse quently he directed vide his order dated 13. 6. 91 to the S. O. , P. S. Tewaripur to appoint some one as Supurdar of the house. In compliance with that order the S. O. appointed Digya Vijhai Nath as Supurdar and submitted his report dated 24. 8. 91 to that effect. Digya Vijhai Nath being Supurdar started misusing his position by changing the nature of the house in dispute and putting his brother Anirudh Nath Misra in possession over it. Not only this but a nursing home was also to be opened therein. Consequently the police of the police station Tewaripur reported the matter to the City Magistrate on 5. 12. 91, whereupon the City Magistrate vide his order dated 5. 12. 91 changed Digya Vijai Nath and directed that the house in dispute should remain in the Supurdgi of the S. O. , P. S. Tewaripur himself until the question of possession was decided by a competent Court. That order was complied with by the police, as it is clear from its report dated 9. 12. 91 Anirudh Nath Misra filed a Cr. Revision No. 4 of 1991 Anirudh Nath Misra v. State of U. P. and others in the Court of Sessions Judge, Gorakhpur for setting aside the order dated 5. 12. 1991.

(2.) THE incharge Sessions Judge, Gorakhpur vide his order dated 3. 1. 92 ordered for the opening of the lock put on the nursing home.

(3.) ANIRUDH Nath Misra filed a Criminal Miscellaneous Petition No. 743 of 1992 under Section 482, Cr. P. C. ANIRUDH Nath Misra v. State of U. P. and others in this Court for the setting aside of the order dated 10. 1. 92 and the order dated 3. 1. 92. This Court vide its order dated 17. 1. 92 stayed further proceedings in Criminal Revision No. 4 of 1991 ANIRUDH Nath Misra v. State of U. P. and others.