Order

R.K. Dash, J.— Rajesh Kumar Agarwal, petitioner herein not being a party to case No. 1/2000 pending in the court of City Magistrate, Agra has filed the present petition under Section 482 Cr. P.C. challenging the preliminary order as well as the order of attachment under Sections 145 and 146 of the Code of Criminal Procedure (for short “the Code”). Respondents Nos. 3 to 5 are the first parties and Dinesh Kumar Agarwal and Smt. Rajni Agarwal, wife of the petitioner are the second parties in the aforesaid case. There being likelihood of breach of the peace regarding posse-ssion of the land pertaining to plot/holding No. 19/10-A/1A situated at Khataina Road under the jurisdiction of Lohamandi P.S., the City Magistrate, Agra on the basis of the police report initiated the aforesaid proceeding and simultaneously, attached the land.

2. Petitioner’s case, in brief, is that the land in question originally belonged to Saroj Kumar Jain, resident of 272 of Civil Lines, Jhansi. On his death, it devolved upon his sons, daughters and widow, who transferred the same by three sale deeds on 30th August, 1999 in favour of Dinesh Kumar Agarwal, Smt. Meenakshi and Smt. Rajni Agarwal. One Bholanath was occupying the said land as a tenant and after his death, his heirs surrendered the tenancy right in favour of the purchasers on 11-11-1999. Respon-dents No. 3 to 5 being members of R.S.S. tried to grab the land and moved an application before the City Magis-trate, Agra for initiating proceeding under Section 145 of the Code who in turn called for a report from the police and on receipt of the report passed the preliminary order and simultaneously attached the land in question.

3. Further case of the petitioner is that he is the husband of Smt. Rajni Agarwal and other two purchasers are his brother and sister-in-law and he owns a shop over the disputed land where he has been running his busi-ness in iron rods. The impugned preli-minary order as well as order of attach-ment, asserted the petitioner, suffer from mala fide, in as much as, the City Magistrate being politically influenced and without applying mind to the law involved, passed the said orders. He has further asserted that proceeding was initiated concerning plot/holding No. 19/10-A/1A as would appear from the impugned orders, but in fact attach-ment was made in respect of the land pertaining to plot/holding no. 19/10-A. All the three purchasers as well as the petitioner, it is urged, filed a suit for injunction being O.S. No. 28 of 2000 in respect of plot/holding No. 19/10-A against opposite parties No. 3 to 5 and the learned Additional Civil Judge (S.D.), Agra by his order dated 7-1-2000 appointed Advocate Commissioner for inspection of the disputed land. When the civil court had taken cognizance of the dispute, on the very next day the local police at the instance of the respondents No. 3 to 5 initiated the present proceeding and consequently, the impugned orders were passed.

4. Respondents No. 3 to 5 filed counter affidavit contending inter-alia that plot No. 19/10-A was a big plot measuring 12 Biswas and the owner of the said plot was one Rahmat Bux, who transferred the same by registered deed of sale on 30th July. 1947 in favour of one Riazuddin, resident of Loha Mandi, Agra. The said transferee sold 11 biswas by way of sale to one Bal Kishan, resident of Pulchhingamoti Loha Mandi on 8th October, 1947. After purchase. Bal Kishan entered into possession and got the same mutated in his name in the Municipal records as well as in the Khewat. In the Municipal records it stood recorded as plot/holding No. 19/10-A/1A. While in possession he transferred 700 square yards from the western side in favour of Devendra Kumar and Jitendra Kumar and remaining in favour of Vijay Kumar. Manoj Kumar and Sanjay Kumar res-pondent Nos. 3 to 5. Vijay Kumar and Manoj Kumar, the transferees were put in possession of their respective land, but so far the land of Sanjay Kumar is concerned he could not get