KAMLA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) -This is an application under section 482 of the Code of Criminal Procedure, 1973 (for short the Code) for quashing the proceedings pending in the Court of the City Magistrate, Kanpur Nagar in Case No. 2/86 (Smt Ram Piari v. Smt. Kamla Devi) under sections 145/146 of the Code.

(2.) The facts of the case so far as they are relevant to dispose of the present application are these. An application - under section 145 of the Code was filed by Opposite Party No.2 (hereinafter referred to as the first party) against the applicant, the second party. On that application the report dated 15-9-86 of the Station Officer, Chakeri was obtained and the learned Metropolitan Magistrate was satisfied on the basis of that report and other information that the dispute likely to cause breach of the peace exists in respect of Plot No. 87 Karamchari Nagar, Kanpur. A preliminary order under section 145(1) of the Code was passed on 17-9-1986 by giving the details and surroundings of the plot (vide Annexure 4 to the affidavit page 22 of the paper .book). Both parties were directed to appear on 30-9-1986 and to produce evidence in support of their possession. But the Metropolitan Magistrate considered the case to be one of emergency and he passed an order of attachment under section 146(1), of the Code on 20-9-1986 in respect of Plot No. 87/116 (Annexure 10 to the affidavit page 38 of the paper book). This order of attachment was sought to be given effect by the police by preparing a fard Kurki under section 146 of the Code. It was the case of the applicant that the fard Kurki was not prepared consistent with the order of attachment inasmuch as the order of attachment was passed in respect of Plot No. 87 and 116 as is clear from annexure 10 to the affidavit (page 40 of the paper book). Whereas the fard Kurki was prepared by the police in respect of Plot No. 87 or 116. Further the grievance of the applicant was that while effecting the order of attachment a number of articles were taken out and the articles alongwith the house were sealed and given in the supurdagi of one Chandrapal Singh.

(3.) It was the case of the Opposite Party No.2 the order of attachment was correctly passed and fard Kurki was correctly prepared in respect of Plot No. 116.