L.J.BHATTHI Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of the present petition under Section 482 Cr.P.C., the order dated 28.01.2013 passed by Additional City Magistrate -I, Lucknow staying the operation of its own order dated 24.01.2013 passed in Case No.16 of 2013, Virendra Kumar Shukla Vs. State of U.P. and others, under Section 133 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') was assailed.

(2.) THE order dated 24.1.2013 passed in Case No.16 of 2013, Virendra Kumar Shukla Vs. State of U.P. and others, under Section 133 Cr.P.C by the Additional City Magistrate -I, Lucknow was challenged in the present criminal revision under section 397 Cr.P.C. by Sudhir Sinha and 6 others.

(3.) BRIEF facts for deciding these two cases are that Virendra Shukla, Advocate moved an application (Annexure No.2 to the petition U/s 482 Cr.P.C.) under Section 133 Cr.P.C. before ACM II, Lucknow for demolition of building owned by Young Man Christian Association of India (for short 'YMCA') situate in Lucknow being in dilapidated condition and amounts to public nuisance to the occupants of the building and passers -by. Shri Shukla has stated therein that he being an Advocate of YMCA used to visit the office situate in the building of YMCA, 13 - Rana Pratap Marg,at Lucknow which is being managed by L.J. Bhatti, Secretary of YMCA. In this application, Lucknow Nagar Nigam, Chief Executive Engineer, PWD Lucknow and L.J. Bhatti being Secretary of YMCA were added as opposite parties. Sub -Divisional Magistrate/ACM -II, Lucknow called for report on the aforesaid application from Station Officer of Police Station Hazratganj, Lucknow, Municipal Corporation, Lucknow and Public Works Department. These reports were filed before the Magistrate by the Station Officer of Police Station Hazratganj, Lucknow, Municipal Corporation, Lucknow and PWD on 16.09.2012, 11.01.2013 and 19.09.2012 respectively. After submission of these reports, the learned Magistrate issued conditional order dated 11.1.2013 under Section 133(1) of Cr.P.C. (Annexure No. 6 to the petition U/s 482 Cr.P.C.) to L.J. Bhatti for demolition of the aforesaid YMCA building till 23.01.2013 or to show cause by 24.01.2013 as to why this order may not be made absolute. In pursuance thereof, a reply dated 16.01.2013 was filed by petitioner L.J. Bhatti admitting all the allegations made in the application and pleaded therein that occupants are not allowing him to demolish the building. He also informed that he shifted his office running in YMCA building to his own house. Thereafter considering the reports and reply submitted by petitioner L.J. Bhatti supported with affidavit, learned Magistrate made conditional order absolute by order dated 24.01.2013. This order dated 24.1.2013 has been challenged in Criminal Revision bearing no.72 of 2013 (Sudhir Sinha and others Vs. A.C.M., Lucknow and others) before Sessions Judge, Lucknow, who admitted this revision on 26.02.2013. This revision was filed by occupants of part of the building of YMCA. The revisionists of Criminal Revision No.72 of 2013 also moved an application before A.C.M, Lucknow on 28.01.2013 to recall the aforesaid order dated 24.01.2013 alleging to be an ex -parte order and also on the ground that the same was passed without affording opportunity of hearing to the occupants of the building in question. The learned Magistrate vide its impugned order dated 28.01.2013 observed that while passing order dated 24.01.2013 procedural mistake has been committed by not giving notice to the occupants whose interest in the property has been adversely affected and stayed the operation of order dated 24.01.2013. This order dated 28.01.2013 is subject matter of petition under Section 482 Cr.P.C. preferred by L.J. Bhatti impleading Sudhir Sinha and other revisionists in the Criminal Revision No.72 of 2013.