OMENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE present revision has been directed against order dated 27.11.2006, passed by Additional Sessions Judge Court No. 8, Etah in Criminal Revision No. 168 of 2005, Virendra Kumar v. Omendra Pal Singh in which order dated 9.2.2005 passed under Section 146(1), Cr. P.C. has been set aside.

(2.) BRIEF facts of the case are that the Sub-Divisional Magistrate concerned has passed an order in respect of the land belonging to Gaon Sabha which was having crop of wheat and mustard on the said land which had been sown by respondent Yogesh etc. Learned S.D.M., Jalesar has mentioned in his order that the respondents have illegally sown the crop of mustard and wheat on the land which belonged to Gaon Sabha in the revenue record as a result of which the damage is being caused to Gaon Sabha, Then application has been moved by Yogesh before S.D.M. that crop may be given in supurdagi of Commissioner and legal action be taken against the guilty person. The report from Tehsildar and Lekhakar was obtained in which they pointed out that the crop of wheat and mustard was in possession of respondents and upon this report the S.D.M. held that he has become satisfied that action be taken against the respondent and directed that the parties to submit documentary and oral evidence with regard to crop. After this order under Section 146, Cr. P.C. learned S.D.M. on hearing the parties has held that the respondents are illegally possessing the crop standing at Gata No. 1736/0.525 hectare. In such situation it has become essential to attach the land and crop standing thereon and thereafter he directed that crop and land be attached and be given in custody of some respectable person and directed the Tehsildar to comply with the direction and submit his report as such. Upon this order the revision was filed before the learned Additional Sessions Judge, Etah, the Additional Sessions Judge, Etah in his order quashed the order passed by the learned S.D.M. and held that since there was no emergent, apprehension of breach of peace, as revisionist was in possession, his wheat and mustard crop was standing on the land which was allegedly belonged to Gaon Sabha. Section 145 (1), Cr. P.C. should not have been drawn, Section 145(1), Cr. P.C. lays down as below :

(3.) THE revision is dismissed accordingly.