JAI PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Madhusudan Dixit, learned Counsel for the applicant and Sri M. P. Rajvanshi, learned Counsel for opposite party Nos. 2 and 3.

(2.) THIS application has been filed for quashing a preliminary order under Section 145 (1) Cr. P. C. dated 1- 9-1990 and the order dated 1-9-1990 passed under Section 145 (8) Cr. P. C. attaching the said property and issuing certain incidental directions as well as the orders dated 29-4-1992 passed by the VII Addl. Sessions Judge, Muzaffarnagar, dismissing criminal revision Nos. 153 and 154 of 1991 filed against the aforesaid orders.

(3.) THE learned Counsel for the applicant has taken me through the application dated 18-8-1990 which was given by the supporters of Shiv Sena to the SDM, Kairana. This application states that in the bus- stand, Jhinjana, there is a Bhumiya Kheda temple, which is in a dilapidated condition and regarding which several complaints have been made to the administration. But the administration has not come forward with any solution. This temple has 25 shops whose income is being illegally realized by the applicant Jai Prakash Sharma for the last 30 years. THE older parts of the temple, and the remaining property of the temple has been demolished and shops have been constructed, which have been let out on rent. THE Shiv Sena, Jhinjana has been issuing warnings to the administration for the last 8 months, and now if by 30-8-1990, the temple and the shops are either not handed over to Shiv Sena or to the manager of the temple, one Satya Prakash, then on 1-9-1990, about 1500 Shiv Sainiks from Block Un and Jhinjhana would forcibly take possession of the temple and its property and hoist their flag there and thereafter they would forcibly realize rent from the shopkeepers. THE administration would be held responsible for the ensuing turmoil.