BULAKI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajesh Kumar Singh, learned Counsel for the petitioner and Sri P.C. Srlvastava learned Counsel for the respondent Nos. 3 and 4 and the learned A.G.A.

(2.) THIS Writ Petition has been filed against the order dated 10 -8 -2004, passed by the learned S.D.M. Sagri, District Azamgarh, in Crl. Case No. 33 of 2004 Bulaki v. Dhanju and Anr., whereby the property in dispute was attached under Section 146 (1) Cr. P.C. and further it was directed that the property in dispute will be given in Supurdagi of an independent person and the order dated 21 -8 -2004 passed by the learned Sessions Judge, Azamgarh in Cri. Revision No. Nil of 2004, whereby the revision filed by the petitioner was dismissed.

(3.) IT is contended by the learned Counsel for the petitioner that the learned Magistrate has relied upon the police report dated 19 -5 -2004 and passed art order under Section 145 (1) Cr. P.C. on 24 -6 -2004. It is too much delayed order. It also shows that the dispute between the parties was not likely to cause a breach of peace. The notice issued under Section 145 (1) Cr. P.C. was served on both the parties but non of the parties appeared before the learned S.D.M., Azamgarh to adduce the evidence in support of the claim of possession even then the learned S.D.M. concerned passed the order dated 10 -8 -2004 under Section 146 (1) Cr. P.C. attaching the property in dispute and directing the police station concerned to hand over the property to a receiver. The order dated 10 -8 -2004 was passed only on the basis of the police report dated 9 -5 -2004. There was no other material before the learned Magistrate for his satisfaction to pass the order under Section 146 (1) Cr. P.C.