HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- U/S 482/378/407 No. - 2651 of 2015 Applicant :- Vimlesh Gupta Opposite Party :- Addl City Magistrate. 6 Lucknow And Ors. Counsel for Applicant :- Qazi Mohd. Ahmad,Aftab Alam,Dilshad Ahmad Siddiqui,M. Shahan Counsel for Opposite Party :- Govt. Advocate Hon'ble Shashi Kant,J.
Heard Sri M. Shahan, learned counsel for the applicant and learned A.G.A. for the State of U.P.
This application under Section 482 Cr.P.C. has been filed to stay the order dated 06.05.2015, passed by Additional City Magistrate, Sixth, Lucknow, in Case No. 26/2015, under Section 145 Cr.P.C., P.S. Sadatganj, District Lucknow. It is submitted on behalf of the revisionist that she is in possession of the portion of disputed property. The dispute of tenancy is a matter of civil nature and she is in peaceful possession of her portion. In these circumstances, the attachment of the disputed property is not required at all and impugned order passed by the Additional City Magistrate, Sixth Lucknow is wrong and illegal. Learned A.G.A. submits that impugned order has been passed to maintain law and order and peace in between the parties. From the above submissions, it appears that applicant is in possession of her portion of the disputed property as tenant and as an interim measure, her interest may be protected. Issue notice to the opposite party nos. 2 to 4, returnable at an early date.
Steps be taken within a week.
List on 6th July, 2015.
In the meanwhile, learned A.G.A. may also seek instructions and file short counter affidavit in the matter. Till the next date of listing, operation of the impugned order dated 06.05.2015 shall remain stayed. Parties are directed to maintain the status-quo in respect of the disputed property as the present portion of the disputed property exists to the applicant. Order Date :- 11.6.2015 Monika