ZAHOOR Vs. SESSIONS JUDGE SAHARANPUR

JUDGEMENT

(1.) N. B. Asthana, J. By this writ petition the petitioners claim a writ of certiorari quashing the orders, dated 19-4-1994 and 9-5-1994 passed by the respondents Nos. 2 and 1 viz. S. D. M. Saharanpur and Sessions Judge, Saharanpur respectively, in proceedings under Section 145, Cr. P. C. The dispute between the parties relates to standing crop over Khasra plot No. 138 in village Alarnpur, Tehsil Behat, Saharanpur, vide order, dated 19-4-1994 passed under Section 145 (1), Cr. P. C. the S. D. M. was satisfied on the basis of the report of P. S- Mirzapur that an apprehension of breach of peace existed over the standing crop on plot No. Ili8 in village Alampur, Tahsil Behat, Saharanpur and directed the parties to appear before him and file written statement of their respective claim of possession over the crop in question. The petitioners filed Criminal Revision No, 243 of 1994 against the aforesaid order, which was dismissed as being against an interlocutory order and not maintainable in view of Section 397 (2) of the Cr. P. C. Aggrieved by it they have now come to this court in this writ petition.

(2.) I have heard the learned counsel for the petitioners and have perused the material available on record.

(3.) SINCE there is nothing on the record to indicate that there is no (apprehension of breach of peace between the parties and no effective order is in existence in the civil suit pending between the parties, the order in question must be held to be an interlocutory order as has been held in Indra Deo Pandey v. Smt. Bhagwati Devi, 1981 All LJ 687 ; Jai Prakash v. Radhey Shyam Singh, 1987 All LJ 687 and Shamsher Singh v. State of U. P. , 1986 Crlj NOG 36.