B.K. Rathi, J.

This is a petition under Section 482, Cr. P. C. with a request to quash the proceedings of Case No. 13 of 1997, State v. Shakuntala Devi, pending in the Court of City Magistrate, Kanpur Nagar under Section 133, Cr. P. C.

2. THE petitioners have alleged that they are tenants of different shops of premises No. 32/80 Mani Ram Bagiya, Kanpur Nagar of which opposite party No. 2 was the land ford and owner. That opposite party No. 2 has transferred the property in favour of opposite parties No. 3 to 7 on 24-9-98. that opposite parties are looking out some way to evict the petitioners. That instead of invoking the provisions of U. P. Act No. XIII of 1972, on the other hand, opposite party No. 2 filed an application under Section 133, Cr. P. C. before the City Magistrate, Kanpur Nagar, on which he has passed a conditional order for removal of the structure under Section 133, Cr. P. C.

The conditional order has been challenged by the learned counsel on two grounds. Firstly, that it is not a legal order and secondly, that the opposite parties should have taken recourse of the provisions of Section 21 of U. P. Act No. XIII of 1972 and cannot be permitted to get rid o