SANTOSH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Section 482 of Cr.P.C, for quashment of order dated 14.7.08, passed by District & Sessions Judge, Indore in Criminal Revision No.745/09 and attachment order dated 14.7,09, passed by Sub Divisional Officer & Executive Magistrate, Sanyogitaganj area, Indore in Case No.182/09 in a proceedings under Section 145 of Cr.P.C.

(2.) IT is not a matter of any dispute between the parties that the defendant and his wife are the co-sharer of the suit land. However, the plaintiff claims exclusive possession of the suit property on the basis of an alleged agreement shown to have been executed by the wife of non-applicant No 2 - defendant Alok Garg. He claims that after the said agreement he had entered into the actual exclusive possession of the land in question.

(3.) PRIOR to the filing of suit the non-applicant No.2 (party No.2) lodged a report on 11.4 09 before the Police Station Palasia, Indore, to the effect that the applicant is trying to forcibly occupy the disputed property and the said dispute may cause breach of peace between the parties. The said Police Station submitted its repeort/Istgasa under Section 145 of Cr.P.C. on 18.4.09. The learned Magistrate considering the said 'Istgasa' registered a case and passed an order dated 14.7.09 and on 6.8.09 under Section 145 of Cr.P.C. and directed the applicant not to interfere over the land in question i.e., 0.367 hectares of Survey Nos.247/7, 260/1 & 261/1 and the applicant was restrained from interfering with the possession of the non-applicant No.2, till the matter is decided by the competent Court.