LAL MOHD Vs. SAIRA BEGUM

JUDGEMENT

(1.) S. I. Jafri, J. This application under Section 482 Cr. P. C. has been preferred by Lal Mohammad applicant praying here in that the order dated 28-10-1987 passed by Sub-Divisional Magistrate Deoria, consequent on the application made by Smt. Saira Begum, be quashed.

(2.) HEARD Sri S. D. Pathak, learned counsel for the applicant Lal Mohammad as well as Sri A. K. Singh, learned counssl for the Opposite party Smt. Saira Begum at considerable length.

(3.) THE learned counsel for the respondent-Opp. party further submitted that having lost his legal battle before Deputy Custodian General as well as in the proceedings under Section 145 Cr. P. C. and also before the Consolida tion Court, Lal Mohammad embarked upon a device to interfere with the peaceful possession of the respondent over the land in dispute and threatened to take forcible possession over the said property to harvest the standing crop. However, the crops standing on the property were harvested by the respondent with the Police aid. Again, later on when the respondent intended to harvest the standing crops on the land, the applicant and his men again extended threats to the respondent to take forcible possessions over the land and harvest the standing sugarcane crop. Finding that the Police aid was not forth coming to the respondent as and when she required, the respondents Saira Begum moved an application dated 16-10-1986 before the Sub-Divisional Magistrate seeking Police aid in order to enable her to harvest the standing crop over the disputed lands. On this application, the learned Sub-Divisional Magistrate called for a report from the Station officer of Police Station Rampur Karkhana. THE Station Officer vide his report dated 23-11-86 intimated the court that Lal Mohd. applicant and his men seem bent upon cutting away the standing crop by use of force and Lal Mohd. and his men are being aggressive as well. Ultima tely, the Station officer also recommended in his report for providing one Platoon of P. A. C. to Smt. Saira Begum so that she could cut away her crop without any interference from Lal Mohammad and other anti-social elements.