JAGROOP AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) THROUGH present application under Section 482, Cr. EC, the applicants desired that a proceeding under Section 145, Cr. P.C. drawn up in Criminal Case No. 26 of 1997 Panchanand Pandey v. Jagroop and others, pending before the Sub-Divisional Magistrate, Chakia, dis­trict Chandauli, be quashed. There has been a further prayer for quashing an order recorded under Section 146 (1), Cr.P.C. whereby the concerned land was directed to be attached. It was urged that the police report on which action was taken as also the report of the Tehsildar did not speak of any breach of peace and as such the Magistrate lack the initial jurisdiction to drop the aforesaid proceedings. It was fur­ther contended that there had been an order by a civil court, confirmed by the High Court, whereby the parties were directed to maintain status quo as regard possession.

(2.) THE proceeding was drawn up on 22-12-97 under an order of the Sub-Divisional Magistrate, Chakia and the preliminary order indicate that the Magistrate stood satisfied from the report of the Tehsildar dated 3-12-97 and the report from the Police Officer dated 16-1-97 that both the parties were disputing over possession or land in question and there was tension at the spot. Accordingly, the Sub-Divisional Magistrate directed both the parties by his order dated 22-12-97 to appear before him and to file their written statement in support of their pos­session over the land in question.

(3.) THE report of the Tehsildar is at annexure No, 10 to the present applica­tion. It was indicated in the report that the application of Panchanand Pandey was sent for enquiry by the Tehsildar with a direction to make a report thereon. The report indicated that the parties litigated for the land before the consolidation authorities and the tehsildar found that the land in question was used to be cul­tivated by Panchanand and others and upon that land again the opposite parties brought cast seeds forcible. Both the par­ties used to quarrel at the time of the harvesting. The Tehsildar reported that police be deputed to stop illegal harvest and proceedings under Section 145, Cr. P.C. be drawn up.