Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1623 of 2019 Petitioner :- Matru Singh And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- R.K. Singh. Rajput Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
This writ petition has been filed for quashing the orders dated 2.11.2018 and 5.12.2018 passed by respondents no. 3 and 4 and for mandamus directing the respondents not to initiate the proceedings 145/146 (1) Cr.P.C for attachment, delivery and auctioning of Arazi No. 22 Khata No. 9 Rakaba 0.748 Hectare.
Heard learned counsel for the petitioners and learned A.G.A Proceedings under Section 145 Cr.P.C was started. It appears that an application under Section 146 Cr.P.C was also moved by the first party. Concerned Magistrate vide order dated 2.11.2018 issed notices to the parties and attached the disputed property under Section 146 (1) Cr.P.C and directed the concerned police to comply the order. It also appears that vide letter dated 5.12.2018 concerned police has submitted a report before the concerned Magistrate that in compliance of order dated 2.11.2018 property in question has been attached.
Since order attaching the property in question was passed having satisfied with the condition enumerated under Section 146 (1) Cr.P.C. Petitioners have opportunity to raise the objection before the concerned Magistrate and to file a reply in the matter. Thus, writ petition is not liable to be allowed and is disposed of at this stage itself with a direction to the petitioners to file reply before the concerned Magistrate.
With the above observations the writ petition is disposed of.
Order Date :- 29.1.2019 Nadeem Ahmad