RAJESH SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Ashish Kumar Gupta for respondent no. 4.

(2.) This application has been filed for quashing of the proceedings of Case No. 24 of 2018 (Smt. Rajesh Kumari v. Rajesh Kumar Srivastava and Anr.) pending before City Magistrate, District Faizabad.

(3.) Facts, in brief, are that the applicants are the tenant of House No. 5/1/6 (old number 5/1/7), Sholapuri Sahabganj, Pargana Haveli Avadh, Tehsil and District Faizabad since 1966. In the year 2011, respondent no. 3 (ex-house owner) tried to dispossess the applicants, against which mother of the applicants filed a suit being Civil Suit No. 353 of 2011 (Smt. Krishna Srivastava and Anr. v. Smt. Malti Verma) for permanent injunction, which is still pending for disposal before the Civil Judge (Junior Division), Sadar, Faizabad. During the pendency of the aforesaid suit, respondent no. 3 executed a sale deed on 1st June, 2013 in favour of respondent no. 4. Respondent no. 4 moved an application before the City Magistrate, Faizabad under Section 145 Cr.P.C. on 30th December, 2017. On the said application, the Magistrate directed to Station House Officer, P.S. Kotwali Nagar to inquire the matter, in pursuance to which a report (appended as Annexure 6 to the application) has been submitted before the Magistrate. Thereafter, vide order dated 28.02.2018, City Magistrate issued notice to the parties to submit the proof of possession and the next date fixed was 16th March, 2018. On the same day, i.e., on 28.02.2018, impugned attachment order under Section 146(1) Cr.P.C. was also passed.