Dismissed

Bhaguati Singh and 9 Others v. State of U.P. and 9 Others

Allahabad HC14 Dec 2018A482/29845/2017

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. challenged an order attaching properties belonging to applicants in a land dispute, contending only one plot was in dispute. The court dismissed the application, holding the order was preliminary and provided opportunity to prove possession without abuse of process.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; no abuse of process found.

Bhaguati Singh and 9 Others Vs State of U.P. and 9… — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 29845 of 2017

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Applicant :- Bhaguati Singh & 9 Others Opposite Party :- State Of U.P. & 9 Others Counsel for Applicant :- A.P.Singh,D.K.Ojha,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A.,Indra Deo Mishra,Shri Ram (Rawat)

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for applicants, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed against judgment and order dated 05.08.2017 passed by Special Judge SC/ST Act, Allahabad in Criminal Revision No. 315/2016 (Bhaguati Singh and others vs. State of U.P.), dismissing the revision against order dated 24.09.2016 passed by Sub Divisional Magistrate, Meja, Allahabad in Case No. 36 of 2016 (Rakesh Singh and others vs. Bhaguati Singh and others) under Sections 145(1) and 146(1) Cr.P.C., Police Station- Meja, District- Allahabad.

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By impugned order dated 24.09.2016 under Section 145 Cr.P.C., notice has been issued to the parties to prove their possession and under Section 146 Cr.P.C. property in dispute was attached.

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Learned counsel for the applicants contended that there is dispute of only plot no. 82, even so, learned Magistrate has attached other properties belonging to the applicants.

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Learned counsel for opposite party and learned A.G.A. contended that there is no illegality in the impugned order passed by courts below.

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By the impugned order, opportunity has been provided to the parties to prove their possession. Order under Section 145 Cr.P.C. is preliminary order.

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As per proviso of Section 146 Cr.P.C., Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of the breach of the peace with regard to the subject of the dispute.

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Accordingly, there is no abuse of process of the Court, as such application under Section 482 Cr.P.C. is liable to be dismissed .

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Order Date :- 14.12.2018

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VG..

Bhaguati Singh and 9 Others v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

Bhaguati Singh and 9 Others v. State of U.P. and 9 Others

Case brief

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What did the court decide?

What the court decided

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