SHAFKAT JAHAN ARA BEGUM Vs. IQBAL MASOOD

JUDGEMENT

(1.) N. B. Asthana, J. On 24-5-1993 S. I. Krishan Nand of P. S. Baradari, Bareilly submitted a report to City Magistrate, Bareilly stating that there is dispute between Iqbal Masood Khan first party and Mehboob Zaman Khan second party regarding possession of the house detailed in the map attached to the report, that there is apprehension of breach of peace, that any serious law and order problem may arise at any time and, therefore, proceedings under Section 145, Cr. P. C. should be drawn between the parties. It is also stated that a separate report under Sections 107/116, Cr. P. C. is being submitted. This report is, dated 24-5- 1993. It appears that on 27-5-1993 the present ap plicant moved an application before the City Magistrate asserting her posses sion over the ihouse in question and praying that report from C. O. Kotwali be obtained or local enquiry under Section 148, Cr. P. O. may be ordered to be made to avoid future multiplicity of the proceedings. Upon this application the City Magistrate directed the Circle Officer, Kotwali to look into the matter, take necessary action and report. He also enclosed the report, dated 26-5-1993 submitted by C. O. Kotwali to him. The C. O. Kotwali sent his report, dated 30-5-1993 stating that the report for attaching the subject-matter of dispute under Section 146, Cr. P. C. has already been submitted. No action has been taken upon that report, So far the matter is serious. It may culminate in a serious law and order problem. He, also stated that the parties are giving different applications in order to stall the attachment and that the attachment be made and thereafter the disposal of the applications filed by the different parties be taken up.

(2.) UPON the report, dated 24-5-1993 of Sub-Inspector, Baradari the Magistrate passed a preliminary order on 31-5-1993 wit respect to the subject-matter of dispute. On the same day he passed an order of attachment under Section 146, Cr. P. C. It does not appear that any report was submitted by the Circle Officer or any action was taken upon the application filed by the appli cant. She has now come to this court with the prayer that the entire proceed ings in the case under Section 145, Cr. P. C. pending in the court of City Magistrate, Bareilly, including the preliminary order and the attachment order be quashed and the property be restored to the applicant, during the pendency of this application.

(3.) IN proceedings under Section 145, Cr. P. C. the question of title of the right to hold possession has not to be decided. The only point to be determin ed is as to whether there is apprehension of breach of peace and which of the parties was in possession on the relevant date. Whether the applicant is the owner of the house in question cannot be the subject-matter of enquiry in pro ceedings under Section 145, Cr. P. C.