Nathu Lal vs State of U.P., Sub Divisional Magistrate and Smt. Poonam Devi

Amar Saran, J.—Heard learned Counsel for the applicant and the learned A.G.A.

This application has been filed for challenging an order dated 30.1.2008 passed by the S.D.M., Aovla, Bareilly in Case No. 01 of 2008 Smt. Poonam Devi v. Nathu Lal, whereby the learned S.D.M. has passed a preliminary order under Sections 145(1) and 146 Cr.P.C. regarding plot No. 333/0.777 hectare situate at village Bara Sirsa.

Learned Counsel for the applicant submits that the order has been passed in an improper manner because the date of the police report is 7.8.2007 and the said order should not have been passed almost after 5 months of the said police report.

u/s 145(5) of the Code of Criminal Procedure it is provided that nothing shall preclude the party, which has been required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate can cancel his said order and all further proceedings thereon. Again under the proviso to 146 Cr.P.C., it is mentioned that a Magistrate can 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. It is open to the applicant to approach the Magistrate and satisfy him that no dispute aforesaid likely to cause any breach of peace exists. Therefore, there is no reason to interfere with this proceeding in this application u/s 482 Cr.P.C.

With these observations, the application is disposed of.