NEELAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present application under S. 482, Cr. P.C. was filed on 22-7-1998 for quashing the proceedings initiated at the instance of the opposite party under S. 145, Cr. P.C. now pending in the Court of Sub-Divisional Magistrate, Nainital, as also for quashing an order under S. 146(1), Cr. P.C. directing attachment of the property in question and dispossession to thepresent applicants from the premises. There was a further prayer that the proceedings in question in case No. 11/24 of 1998 be stayed during the pendency of the present proceedings.

(2.) When the matter came up as a fresh one on 23-7-1998 appearance was made for the opposite parties by Sri R. K. Sinha. The learned counsel for the applicants S/Sri Dinesh Dwivedi and S. D. Kautilya and Sri R. K. Sinha, learned counsel for the opposite parties, were heard and the matter was directed to be listed on 18-8-1998. There had been an interim order, the order of attachment under S. 146, Cr. P.C. was stayed.

(3.) Subsequently, on 4-8-1998 another petition was moved with a prayer for calling for the records of Criminal Revision No. 93 of 1998 and the aforesaid Criminal Case No. 11/24 of 1998 and to quash the judgment of the Sessions Judge, Nainital, whereby the above mentioned revision application filed by the present applicant was dismissed. Further prayer was made to quash the S. 145, Cr. P.C. proceedings itself. Copy of this application was served on Sri Sinha and the matter was directed to be put up on 6-8-1998.