RANJEET SINGH Vs. PADMA AGARWAL AND 3 OTHERS

JUDGEMENT

(1.) BY means of this petition under section 482 of Code of Criminal Procedure(for short 'Cr.P.C.') the petitioners have sought for quashing the impugned orders dated 16.05.2006 passed by learned City Magistrate, Faizabad in Case No.24 of 2006 (Ranjeet Singh and another Vs. Smt. Padma Agarawal and others), under Sections 146(1), Cr.P.C.(Annexure -10) after initiating proceedings under section 145 Cr.P.C.,whereby the property, under the tenancy of the petitioners, has been attached.

(2.) FROM the perusal of the record, it reveals that this matter was reported by police to be an emergent case of breach of peace with regard to the possession over tenanted portion of petitioners on the basis of application of respondent no.2 Brijraj Agrawal (Annexure -6). The learned Executive Magistrate after satisfying with the report in the light of application submitted by the police (Annexure -8) initiated the proceedings under Section 145, Cr.P.C. by issuing order under Section 145(1) Cr.P.C.(Annexure -7) and also passed an order under Section 146(1), Cr.P.C. directing the attachment of property as an interim measure.

(3.) IT has been disclosed in the order of initiating proceedings under section 145 Cr.P.C. and also in the order of attachment under section 146(1) Cr.P.C. that eastern portion of the house in question has been let out by second party/respondents No.1 to 3 to Ranjeet Singh first party/petitioner, as such , being tenant of the premises in question the first party/petitioner is running a school, namely, Tiny Tots Vidayalaya since 1991.The landlord second party/opposite party no.1 to 3 wanted eviction of first party/petitioners.