SAYYAD AYAZ ALI Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure for quashing of order dtd. 29/12/2023 passed by learned Sub Divisional Magistrate at Nagpur in Criminal Case No.5/2022 under Sec. 145 of the Code.

(2.) Facts giving rise to the application are as under: The Assistant Police Inspector of Gittikhadan Police Station, Nagpur had submitted a report to the Special Executive Magistrate/Sub Division Officer, Nagpur City on 5/9/2023 contending that plot Nos.23A , 24, 25 to 29, and 34 and 35A situated at Shashikant Cooperative Society were purchased by one Prakash Goyal, Om Mittal, and present applicants in the year 2012 from Shri Shashikant Bodad, the President of the said Housing Society. The plot No.23A and 24 were owned by Prakash Goyal and Om Mittal and the applicants had no concern with those plots as partition already took place between them as to the distribution of the properties. After partition, plot Nos.23A and 24 are already sold by Om Mittal and Prakash Goyal to one Shyamkumar Daulat Barve. At present, both plots are disputed properties and the dispute is pending in the civil court at Nagpur. As per the partition deed, plot Nos.25, 26, and 27 were allotted to the share of Prakash Goyal admeasuring 4739 feet. Whereas, plot Nos.28, 29, and 34 admeasuring 4739 feet were allotted to Om Mittal. Applicant Ayaz Ali got plot No.35 admeasuring 4556 square feet. The said partition was effected on 18/10/2012. In the year 2014, Prakash Goyal and Om Mittal entered into an agreement to sale the said plots. The dispute as to the ownership of the disputed plots was pending in the civil court. The vendor of the non-applicant No.3 filed an application for rejection of the plaint under Order VII Rule 11 of the Civil Procedure Code which gone upto the Supreme Court and in the year 2021 the Supreme court dismissed the proceeding filed by the applicants and the plaint of the applicants was rejected. Despite the plaint was rejected, the applicants constructed illegal construction on the disputed plots which was subsequently demolished by the Nagpur Improvement Trust in October 2024. After rejection of the plaint by the Supreme Court, the property became encroachment free. Both co-owners Prakash Goyal and Om Mittal visited the site of the plots for taking possession which was resisted by the wife of the applicant and, therefore, Shyam Kumar Daulat Barve filed an application contending that she is causing nuisance and restraining him from taking possession. The non-applicant No.2 Gittikhadan Police Station, Nagpur took cognizance and recorded the statements of the relevant witnesses and submitted report. The statement of the applicant No.2 was recorded. On satisfaction, the Police Inspector of the said police station submitted report to the Sub Divisional Officer. The Sub Divisional Officer has issued notices to the applicants as well as non-applicant No.3 and after due enquiry, initiated the proceedings under Sec. 145 of the Code of Criminal Procedure. By the impugned order, under Sec. 145 of the Code, both the parties were directed to maintain status quo. Being aggrieved and dissatisfied by the said order, the present application is filed for quashing of the proceeding under Sec. 482 of the Code.

(3.) Heard learned counsel appearing for respective parties.