CHITAWAN Vs. MAHBOOB ILAHI

JUDGEMENT

(1.) CRIMINAL Misc. Application No. 1466 of 1968 has been filed under Section 561-A, Criminal Procedure Code, by Chitawan and others praying that the application be allowed and Criminal Reference No. 210 of 1967, which has been made to this Court by the learned Civil and Sessions Judge, Allahabad, and which had been accepted by me, by my order dated 5th April 1968, be reheard.

(2.) ON 5th April 1968, after hearing the learned Counsel for the parties, I had accepted Criminal Reference No. 210 of 1967 made to this Court by the learned Civil and Sessions Judge, Allahabad and had set aside the order of the learned Sub-Divisional Magistrate, Phulpur, dated 31st December 1966, releasing the land in dispute in favour of Chitawan and others and ordered the property to be released in favour of Mahboob Ilahi. Criminal Misc. Application No. 1466 of 1968 made under the provisions of Section 561-A, Criminal Procedure Code, was filed in this Court on 15th April 1968.

(3.) THE facts of Criminal Reference No. 210 of 1967 were that Mahboob llahi and some other persons had filed an application under Section 145, Criminal Procedure Code, in the Court of the learned Sub divisional Magistrate, Phulpur stating they were in possession of the land in dispute along with seven Neem trees and two huts standing thereon and since Chitawan and others were trying to interfere with their possession there was an apprehension of breach of peace. The learned Sub-Divisional Magistrate had called for a report from the police authorities and the Station Officer of Phulphur, on 8th September 1966, reported that there was an apprehension of breach of peace between the parties on account of the dispute regarding the land. On getting the police report the learned Sub-Divisional Magistrate passed a preliminary order under Section 145, Criminal P. C, on 12th September 1966 and the land in dispute was attached on 26th September 1966. The learned Magistrate also directed the parties to file their written statements, affidavits and such other evidence in support of this respective cases as they deemed necessary.