GULABCHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Revisionist Gulab Chandra has approached the Court under Section 397 read with Section 401 of the Code of Criminal Procedure (for short the 'Code') assailing the order dated 13-2-1996 passed by the II Additional Sessions Judge, Aligarh.

(2.) The revisionist moved the Sub Divisional Magistrate oncerned through application dated 11-4-1994 for initiating proceedings under Section 145 of the Code in respect of a building raised on a peace of land stating that there was likelihood of breach of peace on the dispute of possession over the building between him and the opposite party Smt. Ashok Kumari. A report from the police, on the said application was called by the Magistrate and the police in its report dated 15-6-1994 gave out that there were four rooms in the building under the residential occupation of opposite party Smt. Ashok Kumari. Gulab Chand claims to have purchased it from Satya Dev father of Smt. Ashok Kumari'on 26-7-1993. On this report, the Magistrate passed the preliminary order under Section 145 (1) of the Code on 26-7-1993 and Smt. Ashok Kumari was called upon to submit her written statement which was actually submitted on 10-10-1994 stating that she has been all through in peaceful possession over the said building and the proceedings may be dropped. The revisionist Gulab Chand prior to that on 16-8-1994 had also submitted an application for passing an order of attachment under Section 146 (1) of the Code stating that Smt. Ashok Kumari with the help of her father was trying to oust him from the building. Against this application also objections were submitted from the side of opposite party Smt. Ashok Kumari. The learned Magistrate however, vide order dated 22-7-1995 passed the order for attachment of the building and directed the police to give it in Supurdgi of a third person.

(3.) The opposite party Smt. Ashok Kumari being aggrieved with the aforesaid order of attachment dated 22-7-1995, preferred criminal revision before the learned Sessions Judge, which was ultimately decided by the II Additional Sessions Judge, by the impugned Judgment. The lower revisional Court holding that an order of attachment under Section 146 (1) of the Code was wholly uncalled for under the facts and circumstances of the case, allowed the revision and the said order under Section 146 (1) of the Code dated 22-7-1995 was set aside. Smt. Ashok Kumari was permitted to continue her occupation of the disputed residential house till the proceedings were finally decided between the parties.