GEETA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This is a petition under Section 482, Cr. P. C. with a request to quash the proceedings of Case No. 13 of 1997, State v. Shakuntala Devi, pending in the Court of City Magistrate, Kanpur Nagar under Section 133, Cr. P. C.

(2.) THE petitioners have alleged that they are tenants of different shops of premises No. 32/80 Mani Ram Bagiya, Kanpur Nagar of which opposite party No. 2 was the land ford and owner. That opposite party No. 2 has transferred the property in favour of opposite parties No. 3 to 7 on 24-9-98. that opposite parties are looking out some way to evict the petitioners. That instead of invoking the provisions of U. P. Act No. XIII of 1972, on the other hand, opposite party No. 2 filed an application under Section 133, Cr. P. C. before the City Magistrate, Kanpur Nagar, on which he has passed a conditional order for removal of the structure under Section 133, Cr. P. C.

(3.) THE impugned order under Section 133 (1), Cr. P. C. starting proceedings is Annexure-C. A-3. It is mentioned in the order that the Officer In charge of the Police Station has submitted report on 30-7-97 that premises No. 32/30 in dispute is very old and is in dilapidated condition. Its upper portion has already fallen. THE shops outside the building may fall at any time, which may result in taking the life and destroy the property of general public. He has, therefore, directed the petitioners to show-cause on 29-1-98 as to why the order may not be passed for demolition.