MANGLA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against an order dated 25-4- 1977 passed by the Sub-Divisional Magistrate, Jaunpur authorising his A. P. P. to file a complaint against the applicants under Section 188 IPC.

(2.) IT appears that a case u/Sec. 145 CrPC was fought between the applicants and O. Ps. Nos. 2 and 3. In that case O. P. Nos. 2 and 3 were found to be in possession of the disputed property on the day the preliminary order was drawn and within two months prior to that. The learned Magistrate thereupon passed an order asking the applicants not to disturb the possession of O. Ps. No. 2 and 3 over the disputed property till they were evicted therefrom in due course of law. Despite this order the applicants disturbed the possession of O. Ps. Nos. 2 and 3 over the disputed property, whereupon, O. Ps. Nos. 2 and 3 filed an application before the Magistrate to take penal action against the applicants. The Magistrate on the basis of the facts placed before him felt satisfied that the applicants had committed an offence under Section 188 IPC. Accordingly, he instructed his A. P. P to file a complaint against the applicants for committing an offence under Section 188 IPC. The applicants felt aggrieved with this order of the learned Magistrate and came up in revision to this Court.