PANCHAM ALIAS BECHAN Vs. SITA RAM

JUDGEMENT

(1.) Pancham & Bechan applicant has filed this application u/s 482 Cr.P.C for getting quashed the entire proceedings pending u/s 145, Cr. P.C. in the court of S. D. M. Ballia in case No. 87 of 1983 (wrongly mentioned as no. 57 of 1983 in the application) and also for getting quashed the preliminary order dated 3-11-1983 and another order passed u/s 146 Cr. P.C. dated 31-12- 1983 which confirmed attaching the property in dispute and appointing receiver thereof.

(2.) The matter is at admission stage though counter affidavit of Sita Ram, O.P.I. has been filed in pursuance of notice of court.

(3.) It appears that on the report of S.P.S. Baraiya, district Ballia dated 1.11.83, stating that there existed a dispute between the parties over a number of plots mentioned therein, situated in Bishanpura P.S. Baraiya, giving rise to an apprehension of breach of peace, SDM, Ballia passed preliminary order dated 3-11-1983 fixing 11.11.83 for filing written statements by the parties. On that date applicant Pancham Bechan did not appear and did not file written statement. He asserts he was not served for that date. The opposite-party Sita Ram heard on his application on that date and order u/s 146, Cr.P.C u/s passed holding that there was an emergency and directed attachment of plots in dispute and simultaneously appointed Sri Ambika Tewari, Advocate, as receiver of the plot in dispute. The receiver was also to proceed to the spot to effect the said attachment and thereafter to manage the same.