CHANDRA PRAKASH ARORA Vs. DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) This writ petition has been filed by the admitted tenant of the property with several prayers including for (i) the quashing of the order dated 30-4-1997 passed by respondent No. 1 (Annexure 9 to the writ petition); (ii) for quashing of the order dated 17-4-1997 passed by Sub-Divisional Magistrate, Saharanpur (Annexure-8 to the writ petition) iii) for quashing of the attachment order dated 20-1-1997 passed by the City Magistrate, Saharanpur (Annexure-6 to the writ petition) and (iv) for quashing of the criminal proceeding under Sections 145/146 Cr. P.C., registered as case No. 1 of 1997.

(2.) The main dispute between the parties is of a civil nature and that case with regard to immovable property (right of carrying of business in the undisputed premises).

(3.) Admittedly the petitioner Chandra Prakash Arora is the tenant of the premises from the owner of the same namely Khurana State Agency Private Limited since a very long time and has been carrying business in the same. At a later stage the respondent No. 4 Sardar Satpal Singh Chhabra was admitted as a partner in business only in the shop of which the petitioner is admittedly tenant. But later on it seems that the intention of Sri Chhabra into an evil desire and instead of confining his interest to the business of the petitioner's firm on Cambridge Book Depot being sole co-tenant with the petitioner, he wanted to grab the shop also, therefore, dispute arises and the proceeding under Sections 145 and 146 Cr. P.C. were initiated. The case was pending for a long time and several times, the parties have approached to this Court and sought some direction but the matter in dispute could not be settled. The petitioner has felt aggrieved against the order dated 30-4-1997 passed by the Revisional Court in criminal revision No. 27 of 1997 (Chandra Prakash Arora v. State of U. P.) The learned Ist Revisional Court by the impugned order has observed that the order of attachment of the disputed property is an interlocutory order, therefore this petition under Section 482 Cr. P.C. has been moved.