HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3842 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. The present has been filed with the following prayer: “The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the order dated 09.04.2025, passed by Sub Divisional Magistrate, Tehsil Purwa, District Unnao, in Case No. 1396/2025, Computerized Case No. T202510690201396, Srnt Kismatun Vs Tasleem Khan & otehrs, passed under section 164/165 BNSS. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the operation and implementation of order dated 09.04.2025 and further proceeding of the Case No. 1396/2025, Computerized Case No. T202510690201396, 'Smt Kismatun Vs Tasleem Khan & otehrs, pending before the Learned Sub Divisional Magistrate. Tehsil Purwa, District Unnao, during pendency of present petition, in the interest of justice. Any other order or direction which this Hon'ble Court may deem fit and proper may kindly be passed in favour of the petitioner in the interest of justice.” Versus Counsel for Applicant(s) : Dharmendra Singh, Raghvendra Pratap Singh Counsel for Opposite Party(s) : G.A. Tasleem Khan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) 2. Learned counsel for the applicants has submitted that the property in question was purchased by Tasleem Khan from the co-sharer of the property, respondent No. 3, and he had also inherited a share in the property. Learned counsel for the applicants further submitted that the applicant No. 1 executed a gift-deed in favour of applicant No. 2 and thereafter she constructed a house over the property in question and started residing, but the opposite party No. 3 moved application under Section 145, Cr.P.C. on the basis of contacted facts and without giving any opportunity of hearing attachment order is passed by the Sub Divisional Magistrate of the area in question on the basis of presumption that there is possibility of breach of peace, therefore, kind indulgence of this court is necessary. 3. 3. As the date of sale-deed which was executed by the applicant No. 1 as well as date of gift-deed which was executed in favour of applicant No. 2 were also asked from the learned counsel for for the applicants, but he is unable to explain the same and he further submitted, as the opposite party No. 3 filed suit for permanent injunction in which the stay-application was rejected and thereafter appeal was filed, which was also rejected and the suit is going on. 4. As it is evident from the record that in case the impugned order was passed without giving any opportunity of hearing, then it is always open to the applicants to move an application for recall before the competent court. As the description of the property is also not mentioned in the application and the plaint of suit, which is pending between the parties is also not annexed, in such circumstances this application is disposed of, with liberty to the applicants to move appropriate recall application before the Sub Divisional Magistrate, Purwa, Unnao, within a period of 3 weeks from today. 5. In case any application, as aforesaid, is filed, then the same shall be decided after giving proper opportunity of hearing to the aggrieved parties. October 27, 2025 A.Nigam A482 No. 3842 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench