IQRAM Vs. STATE OF U P

JUDGEMENT

(1.) This revision under sections 397/40 1 of the Criminal Procedure Code, 1973 (for short the Code) is directed against the order dated 20th February, 1986, allowing the revision and setting aside the order dated 18th April, 1985, passed by the Additional City Magistrate, Aligarh under section 146 of the Code in a proceeding under section 145. The Additional City Magistrate held that as he was unable to decide the possession of either party, hence land in dispute shall remain attached unless the controversy between the parties has been decided by a competent court.

(2.) The sequence of events leading to the present revision is that one Sri Israt Ullah Khan (opposite party No.2) Assistant Registrar, (the first party) made an application under section 145, alleging that there is apprehension of breach of peace. On the application a report was obtained on 16th January 1984, by the police. The Additional City Magistrate, being satisfied with the said report passed a preliminary order under section 145(i) of the Code. It was directed that on the land of opposite party No.2, the present applicants (Iqram etc.) the 2nd party wanted to take forceful possession hence there was apprehension of breach of peace, Consequently a preliminary order was issued and a date was fixed for appearance of both the parties and to lead evidence to prove their respective possession. The present applicants, the second party, filed their objections dt. 3rd April, 1984, alleging that application made, by Iqram Ullah Khan (opposite party No.2) who was first party, was baseless and the local police was in collusion with him, the land in dispute (plot No. 120/4) belonged to applicant No.1 which was purchased from one Mohan Singh and since then be was in possession.

(3.) The first party asserted its own possession. To prove their respective possession both parties led oral and documentary evidence. The Additional City Magistrate, was, however, unable to decide as to which party was in possession He passed an order under section 146(1) directing that the land in dispute shall remain attached till the parties get their rights declared from a competent court. The Revision filed by first party against that order was allowed by the impugned order. Feeling aggrieved, the 2nd party I the present applicants have preferred the present Revision.