IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 150 Of 2011 With Urgency Application No. 762 of 2011 Pawandeep Singh S/o Jernail Singh R/o Village Dhada, Tehsil Kiccha Dist Udham Singh Nagar ………………..Applicant Versus 1. Sub Divisional Magistrate Rudrapur, Udham Singh Nagar 2. Station House Officer Kiccha, Dist U.S.Nagar 3. Jernail Singh S/o Late Shri Mohan Singh R/o Village Dhadha, Tehsil Kiccha Dist Udham Singh Nagar 4. Gurbachan Singh S/o Late Shri Mohan Singh R/o Village Inderpur, P.S Bilaspur District Rampur (U.P) ………….Respondents Shri Narendra Bali, Advocate, present for the petitioner Shri G.S.Sandhu, Advocate, present for respondent no.1 & 2 Respondent no. 3 Jernail Singh is present in person Respondent no. 4 Gurbachan Singh is also present in person Hon’ble Prafulla C. Pant, J. Urgency Application No. 762 of 2011 is allowed. Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioner has sought quashing of the order dated 28.12.2010 passed by Sub Divisional Magistrate, Rudrapur, Udham Singh Nagar, in Criminal Case No. 11/7 of 2010, State vs. Jernail Singh and others. (3) Learned counsel for the petitioner submitted that the proceedings under section 145 of Cr.P.C., were initiated by respondent no. 4 against respondent no.3, in respect of Plot No. 265, 268, 271/1, 271/2, 271/3, 271/4, 273 and 274. It appears that the Sub Divisional Magistrate, called a report from the police in the matter and it was reported that there is apprehension of breach of peace due to the dispute as to the possession over the land in question. However, police in its report in Para-2 mentioned that Plot No. 3/1 and Plot No. 3/2 belonging to Pawandeep Singh (present petitioner) are adjoining plot to the land mentioned in the application moved on behalf of the respondent no.4. Mentioning same fact in his notice under section 146 (1 of Cr.P.C.), it appears that entire land including the land of Plot No. 3/1 and Plot No. 3/2 belonging to Pawandeep Singh who was not even a party in the proceedings was directed to be attached and given to the receiver. (4) Admit the petition. 3 (5) Learned counsel for the State, prays for and is allowed four weeks time to file the counter affidavit. Respondent no.3 and Respondent no.4 may also file their counter affidavits within same period. (6) In the above circumstances, meanwhile it is directed that the impugned order passed by the Magistrate shall have no operation in respect of the land of plot No. 3/1 and Plot No. 3/2 in village Bhanga, belonging to the present petitioner Pawandeep Singh. (7) List after four weeks. (Prafulla C. Pant, J.) Vacation Judge Dt.10.02.2011 N.P