Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 3050 of 2021 Petitioner :- Smt. Savitri Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Krishna Kumar,Mahabir Yadav Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed praying for quashing of order dated 26.2.2021 passed by Additional District Judge Court No.1, Aligarh in Criminal Revision No.455 of 2007 (Smt. Savitri Devi Vs. State of U.P. and another).
The contention of the learned counsel for the petitioner is that the court below has passed the order in a mechanical manner without considering the relevant facts of the case. He further submits that the court below without looking the evidence that respondent no.2 had no ownership over the disputed land and only on the basis of forged sale deed she is claiming her right over the disputed property has passed the order in her favour without providing the petitioner adequate opportunity. Contention is that in the interest of justice some direction may be issued to the court below to pass fresh order after providing proper opportunity to the petitioner.
From perusal of the record and order passed by the Magistrate concerned it appears that the Magistrate concerned has the order on 17.9.2019 for attaching the property in dispute under section 146 Cr.P.C. which is quoted below:
"146. Power to attach subject of dispute and to appoint receiver.-(1) If the Magistrate at any time after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute."
The order passed by the Magistrate is just and proper. In case the applicant is not satisfied with the same, he may move an application before the Magistrate concerned for irrevocable of the same as Section 146 Cr.P.C. itself provides that any order under Section 145(1) Cr.P.C. can be withdrawn by the Magistrate itself after having full satisfaction. In case such an application is moved, the same shall be heard and disposed of expeditiously by the Magistrate concerned.
With this observation, this application is disposed of.
Order Date :- 28.10.2021 shiv