HINDALCO INDUSTRIES LIMITED Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rahul Chaturvedi,Sri Ritvik Upadhyaya, learned counsel for the applicant, learned A.G.A. for the state of U.P. and Sri Rajeev Lochan Shukla, learned counsel for O.P. Nos. 2 and 3.

(2.) This application under section 482 Cr.P.C. has been filed by the applicant Hindalco Industries Limited with a prayer to quash the 'consolidated order dated 6.8.2008' passed by the S.D.M. Duddhi/Pipri district Sonbhadra under section 145(1) and 146(1) Cr.P.C. in case no. 14 of 2008.

(3.) The fact in brief of this case are that on the police report dated 6.8.2008 submitted by the Officer-in-Charge of P.S. Pipri district Sonbhadra, the learned S.D.M. Duddhi/Pipri district Sonbhadra passed a consolidated order dated 6.8.2008 by which notice under section 145(1) Cr.P.C. has been issued and the order of attachment of the property under section 146(1) Cr.P.C. has also been passed. According to the police report the Hindalco company was running a school in the name and style of 'Adarsh Shiksha Niketan, Renukoot,' district Sonbhadra it was having only a Head Master, it was having no teacher and students. The Hindalco Company was doing the construction work in the school. The Hindalco Company wanted to close the school, on the other hand second party Sri Dwarika Singh and Lallan Rai wanted to run the school. The management of the school had permitted 20-25 guards of the Hindalco company to reside there, it has been opposed by the second party and in second party's leadership a crowd went to take out the security guards from the school. There was a dispute of 'ownership' also and it has been requested to attach the school in exercise of the power conferred under section 145(1) Cr.P.C. Both the parties were directed to appear before the court of S.D.M. concerned on 21.8.2008 at 10.00 a.m. to give their evidence to establish their title. In the same order the property in dispute i.e. School was attached in exercise of the power conferred under section 146 Cr.P.C. The learned magistrate concerned on the same day passed order under section 146(1) Cr.P.C. by which the school in dispute was attached. The report of the Officer-in-Charge of the Police station concerned shows that in pursuance of the order dated 6.8.2008 the 'school in dispute' was attached but nobody was ready to take its supurdgi that is why it was kept in the control of the police.