JUDGMENT

Mohd. Shamim, J. - This is a petition under Section 482 Cr. P.C. for quashment of the proceedings under Section 145 Cr. P.C. pending before the Sub Divisional Magistrate (South) and for setting aside the order passed under Section 145(1) Cr. P.C. and attachment order under section 146(1) Cr. P.C. both dated July 31, 1992 in respect of premises bearing No D-28, Kalkaji, New Delhi.

2. Brief facts which led to the present petition are as under that the petitioner are a company registered under the Companies Act with their registered office at 11-18, punj Lloyd House, Nehru Place, New Delhi. Shri G.V. Sharma is the Deputy General Manager (P & A) of the petitioner company. He is duly authorised and competent to sign and verify the present petition and to present the same. The petitioner have been in possession over the premises No D-28, Kalkaji, New Delhi (hereinafter referred to as the "disputed property" for the sake of brevity) from April 1991 onwards by virtue of a tenancy agreement in between the petitioner and respondent No. 2. There were certain disputes with regard to the owner ship of the disputed property in between respondents No. 2 and 3 and their other brothers co-owners regarding which several cases are pending decision before different courts of law. Consequently, respondent No. 2 and his other associates made attempts to forcibly occupy the disputed property on May 26,1992 and May 29,1992. Respondent No.2 and his associates have failed in their attempts. Having seen no alternative the petitioner filed a civil suit, No 2143 of 1992,against respondent Nos. 2 and 3 and others for an injunction restraining them from dispossessing or interfering with the peaceful possession of the petitioner over the said property before the High Court of Delhi. The aforesaid court vide order dated June, 3, 1992 passed an order directing the above mentioned parties to maintain status quo in respect of the disputed property. The said order was duly served on the respondents. The petitioner also lodged reports with police Station Kalkaji. The police were also duly informed with regard to the injunction order, alluded to above. The petitioner continued in actual physical possession over the disputed property till August 1, 1992. The police of Ps Kalkaji visited the disputed property on August 1, 1992 in great number and directed the petitioner and their staff to vacate the disputed property and asserted that the disputed property had been ordered to be sealed and attached by the court of S.D.M. (South). After having taken control over the disputed property then served on the petitioner two orders dated July 31, 1992 purported to have been passed in proceedings under Section 145 Cr. P.C. The disputed property was being used by the Petitioner for purposes of go down-cum-residence for guards of the petitioner. The petitioner were never a party to the above said proceedings under Section 145 Cr. P.C. The order adverted to above is a result of collusion in between the police and respondent No. 2. The above order was obtained by deliberately concealing the factum of possession of the petitioner over the disputed property and also by concealing the fact that the Civil Court had passed an injunction order for maintenance of status quo. The impugned orders under Sections 145(1) and 146(1) Cr. P.C. dated July 31, 1992 are illegal, without jurisdiction and void abinitio as the same were passed hi utter disregard and disobedience of the order dated June 3, 1992 passed by the High Court of Delhi in Suit No 2143/92. It has thus been prayed that the proceedings under Section 145 Cr. P.C. pending before the S.D.M. (South) in case Stale v. Shri VP. Punj and Shri H.P. Punj be quashed and the orders dated July 31, 1992 passed under Sections 145(1) and 146(1) Cr. P.C. be set aside and the respondent No. 1 be directed to deseal and restore the possession of the disputed property to the petitioner.

3. Respondent No. 2 has put in contest, inter ali