KESHAVRAO Vs. RADHESHYAM

JUDGEMENT

(1.) By this petition under Section 482, Cr. P.C., the petitioner prays for quashing of an order dated 17-7-1987, passed by the Sub-Divisional Magistrate, Mhow, in Criminal Case No. 87 of 1975, proceedings under Section 145, Cr. P.C.

(2.) As the proceedings under Section 145, Cr. P.C. have been pending since 1975, it would not be out of place to give a brief re'sume' of facts leading to the presentation of this petition: It is not in dispute that agricultural land bearing Survey Nos.71, 72, 73, 74 and 75, situated in village Gavalu, tehsil Mhow, District Indore, were by order dated 13-5-1975, passed by the Sub-Divisional Magistrate under Sec. 146, Cr. P.C., were attached and handed over to the Tahsildar, Mhow, who was appointed Receiver and ever since this order the agricultural income from these lands is being deposited. These lands were auctioned for cultivation and the income so derived is being deposited in the Govt. Treasury. After this attachment, respondents 1 and 2 filed a suit for specific performance of contract, wherein they also prayed for an ad interim injunction, claiming to be in possession of the lands in question.

(3.) This relief was not only refused by the trial Court, but even on a Misc. Criminal Appeal No. 87 of 1975, (decided on 26-7-1978), being preferred by the respondents, the same was also dismissed. Certified copy of the order is available on record. Plaintiff-respondents case, as noted by the learned Judge, was a follows :