SHARAD YADAV @ GAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal writ petition has been filed with a prayer to quash order dated 22.12.2012 passed under section 146 (1) Cr.P.C. by Additional City Magistrate-III, Allahabad in case no.16 of 2012 under section 145 Cr.P.C., P.S. Attarsuiya, District Allahabad, State Vs. Sharad Yadav @ Gappu and Another as well as order dated 18.2.2013 passed by Additional Sessions Judge, Ex-cadre, Room No.20, Allahabad in criminal revision no.13 of 2013 (annexures no. 3 & 15). A further prayer has been made for quashing the proceedings under sections 145 and 146 (1) Cr.P.C.

(2.) Heard Sri Arvind Srivastava, learned counsel for the petitioner, learned A.G.A. for the State and Sri Sunil Kumar Srivastava, learned counsel for respondent no.3.

(3.) In brief, the facts are that on 28.11.2012, S.H.O., P.S. Attarsuiya, Allahabad submitted a report under section 145 Cr.P.C. against Sharad Yadav @ Gappu - petitioner no.1 and Pratim Tripathi @ Jeenu - respondent no.3 stating therein that on inquiry, it was found that there was a dispute between the parties regarding disputed property, which was in possession of the first party - Sharad Yadav, who was running a dairy in the said property and had purchased the same from Dilip Kumar Khare vide sale deed dated 31.10.2012. On the basis of said report, learned Additional City Magistrate-III, Allahabad vide two separate orders dated 22.12.2012 passed preliminary order under section 145 (1) Cr.P.C. as well as an order under section 146 (1) Cr.P.C. directing attachment of the property and consequently the property was attached on 18.1.2013 and the room as well as the boundary gate were locked by the police.