Allahabad High Court
Adeeb Alam vs State Of U.P. And 4 Others on 31 January, 2020
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 2995 of 2020 Applicant :- Adeeb Alam Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.,Zaki Ahmad Hon'ble Rajendra Kumar-IV,J.
1. Heard learned Counsel for applicant, learned AGA for State and perused the material available on record.
2. The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the impugned order dated 17.12.2019, passed by the Sub Divisional Magistrate (SDM), Khalilabad, District Sant Kabir Nagar, in Case No. 00001 of 1976, Habibullah v. Smt. Jaijullah, under Section 145 Cr.P.C., Police Station Dudhara, District Sant Kabir Nagar, whereby, SDM, Khalilabad passed the order appointing one Saida Husain as Receiver of the property, in question.
3. Learned counsel for applicant submits that impugned order is not correct in the eye of law and Trial Court did not appreciate the entire evidence on record and passed the order in contravention of order dated 22.11.2019 passed by High Court, in application under Section 482 Cr.P.C. No. 40931 of 2019.
4. It has further been submitted that SDM, Khalilabad appointed Saida Husain as Receiver of the property, who is not independent person. Saida Husain was the surety of Asjad Khan son of Abdul Ahad and he cannot be termed as independent person. He has further submitted that objections, filed by the applicant on the appointment of receiver, has not been considered by the SDM, Khalilabad in the impugned order. He showed some documents in support of his contention.
5. On the other hand, learned AGA for State vehemently opposed the prayer and submitted that the Court below rightly appointed Receiver on the joint report of Tehsildar, Khalilabad and SHO concerned. Joint report reveals that all the three proposed persons are independent person.
6. Evidently earlier, an application under Section 482 Cr.P.C. No. 40931 of 2019 was filed by present applicant, which was disposed on 22.11.2019 by passing the following order :-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed for quashing the order dated 24.10.2019 passed by Deputy District Magistrate, Khalilabad, District Sant Kabir Nagar in Case No.84/11/76 (Habibullah Vs. Jaijula), under Sections 145/146 Cr.P.C., Police Station Dudhara, District Sant Kabir Nagar.
It has been submitted by learned counsel for the applicant that in the proceeding under Section 145 Cr.P.C. by order dated 01.07.2019 an impartial receiver was to be appointed. Initially, the name of Abdul Ahad was suggested. Subsequently, name of three impartial persons were required and amongst three names, Abdul Ahad was appointed as receiver. It has further been submitted that Abdul Ahad is not impartial as his brother-in-law was connected with the property in question and certain proceedings are pending before this Court with respect to the property in which the brother-in-law of Abdul Ahad is one of the party.
In view of the above, the order dated 24.10.2019 is set aside with a direction to the Magistrate concerned that an impartial person may be appointed as a receiver over the property in question within a period of 15 days from the date of production of a certified copy of this order before him.
With the aforesaid observation, this application stands disposed of. "
7. Joint report of Tehsildar, Khalilabad and SHO, Bakhira, dated 7.12.2019 (Annexure No.13 to this application) reveals that for appointment of Receiver, three persons namely Saida Husain, Meraj Ahmad and Ahmadullah came forward to extend their willingness. Report further recites that on being inquired from the persons present there, all the three persons were not related to any of the parties and Saida Husain son of Bishmillah is said to be a senior among all three and he is free and fair.
8. From the perusal of impugned order passed by SDM, Khalilabad, it appears that considering the joint report submitted by Tehsildar and SHO concerned and order passed on an application under section 482 Cr.P.C. No. 40931 of 2019, SDM, Khalilabad appointed the Receiver. It is also relevant to mention here that only three persons came forward to be appointed as Receiver by the authorities concerned and none of them protested it.
9. It appears that case under Section 145 Cr.P.C. before the SDM is pending since 1976 for one and other reasons and applicant himself is not interested to get it decided expeditiously. He wants to linger the case by adopting the lingering tactics by filing applications.
10. In view of the aforesaid, it is not a case of grave injustice, I do not find any compelling reasons warranting interference in the matter.
11. Application under Section 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 31.1.2020 Akram