KRISHNA GOPAL Vs. STATE OF U P

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India has been filed by petitioner Krishna Gopal against the respondents Nos. 3 and 4.

(2.) THE facts necessary for the disposal of this writ petition, are that a civil suit No. 240 of 1994 is pending before the Court of Civil Judge (Senior Division) Budaun between the respondents No. 3 and 4 on one hand and the petitioner on the other. During the pendency of the civil suit the respondents No. 3 and 4 tried to raise construction over the disputed property, then the petitioner filed an application before the Court of Civil Judge, who declined to pass the injunction order.

(3.) I have heard the learned counsel for the parties and perused the judgment of the Court below and the affidavit filed. The paragraph 6 of the affidavit shows that application annexed as Annexure 3 was moved under Section 145, Cr. P.C. before the concerned Sub -Divisional Magistrate. A preliminary order was passed on 29 -6 -2004 copy whereof is Annexure 4 on the record. The Magistrate recorded the satisfaction and issued a preliminary order directing the parties to appear on 17 -7 -2004. It appears that on 30 -6 -2004 the application (Annexure 3) was moved before the Sub -Divisional Magistrate whereupon he passed an order dated 30 -6 -2004 directing the parties to maintain status quo against which the revision was allowed. The scheme of Section 145 Cr. P.C. is very clear. Once the Magistrate has recorded its satisfaction about the existence of breach of peace concerning the land etc., he shall proceed under various sub -sections of Section 145 Cr. P.C. and in cases of emergency, he can proceed under Section 146 (1) Cr. P.C. No provision of Section 145 Cr. P.C. empowers the Magistrate to pass any order of the status quo.