AKHILESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of Criminal Case No. 28 of 1988 pending in the Court of Addl. City Magistrate 3rd, Lucknow.

(2.) I have heard learned Counsel for the parties and have perused the record, Shambhu, applicant No. 3 filed a suit bear ing No. 84 of 1988 against Pappu and others on 13-3-1988 for restraining them from interfering in his possession and also, from making any construction over the land in dispute. He also moved application under Order XXXIX, Rule (1), C. P. C. and the learned Munsif by his order dated 14-3- 1988 issued notices to the defendants and further restrained them from making any construction over the land in dispute. After about a month the Addt. City Magistrate, IIIrd, Lucknow passed ai order on 15- 4-1988 initiating proceedings under Section 145, (1), Cr. P. C. By the aforesaid order, the also directed the par ties to appear in his Court on 27-44988 and to file written statement in support o their respective claims. The initiation of the proceedings under Section 145, Cr P. C. has been challenged by means of the present petition under Section 482, Cr P. C.