Indian Kanoon - Search engine for Indian Law

By means of this petition under section 482 of Code of Criminal Procedure(for short 'Cr.P.C.') the petitioners have sought for quashing the impugned orders dated 16.05.2006 passed by learned City Magistrate, Faizabad in Case No.24 of 2006 (Ranjeet Singh and another Vs. Smt. Padma Agarawal and others), under Sections 146(1), Cr.P.C.(Annexure-10) after initiating proceedings under section 145 Cr.P.C.,whereby the property, under the tenancy of the petitioners, has been attached.

From the perusal of the record, it reveals that this matter was reported by police to be an emergent case of breach of peace with regard to the possession over tenanted portion of petitioners on the basis of application of respondent no.2 Brijraj Agrawal (Annexure-6). The learned Executive Magistrate after satisfying with the report in the light of application submitted by the police (Annexure-8) initiated the proceedings under Section 145, Cr.P.C. by issuing order under Section 145(1) Cr.P.C.(Annexure-7) and also passed an order under Section 146(1), Cr.P.C. directing the attachment of property as an interim measure.

The petitioners filed an application under section 145(5) Cr.P.C.(Annexure-9) that the petitioners are in possession over the property as tenant and running school therefore proceedings under section 145 Cr.P.C. be dropped and attachment be with-drawn The orders under section 145(1) and 146(1) were challenged by respondents no.1 and 2 in a Criminal revision no.152 of 2006 under section 397 Cr.P.C. before Sessions Judge Faizabad. The learned Sessions Judge vide its order dated 19.7.2006 dismissed the revision with following observation;

In a Full Bench decision of this Court in Munna Singh @ Shivaji Singh and others Vs. State of U.P. and another; 2011 (3) JIC 628 (All)(FB), it has been held that orders passed under Sections 145(1) and 146 (1) Cr.P.C. are not always be treated as interlocutory orders. In each case, after considering the factual matrix of the case, court has to decide the controversy. If there appears to be a case of misuse of power by the learned Magistrate or a case of jurisdictional error in exercising the jurisdiction by Magistrate or a case where in exercise of its jurisdiction the Magistrate proceeded after ignoring the well settled principals of judicial discretion, this Court should interfere to prevent the abuse of process of court or otherwise to serve the ends of justice.

Consequently the Petition is allowed. The impugned orders dated 16.05.2006 passed under Sections 145 (1) and 146(1), Cr.P.C by learned City Magistrate, Faizabad are set aside. The proceedings of Case No.24 of 2006 (Ranjeet Singh and another Vs. Smt. Padma Agarawal and others), under Sections 145 Cr.P.C. pending in the court of learned City Magistrate, Faizabad in pursuance of the aforesaid orders are quashed. The interim order passed by this Court stand discharged.

Order Date :- 8.10.2014 akverma