JUDGMENT 1. - The facts giving rise to this petition under Section 482 read with Sections 145 and 146 of the Code of Criminal Procedure (the Code), are as under: 2. The case FIR No. 2/94 was registered at Police Station Nadbai District Bharatpur at the instance of the petitioner Hari Om against Sugar Singh son of Tikam Singh (respondent No. 3) and five others under Sections 147, 323, 452 and 379 IPC. According to the allegations made by the petitioner, Sugan Singh along with five others had entered the petitioner's house situated within the premises of Mandir Thakurji Maharaj situated in Village Raisees Tehsil Nadbai District Bharatpur and assaulted the petitioner as well as the ladies of the house and molested them and also committed theft of the property belonging to the petitioner and his family members and thrown away their other goods. After registration of the case, the police arrested Sugar Singh and five others, who were admitted to hail. After completing the investigation, the police filed challan against all the six persons in the Court of the learned Judicial Magistrate, Bharatpur, who took cognizance of the offences. After the challan had been submitted by the police, the Incharge of the Police Station, Nadbai (respondent No. 2) sent a report to the Assistant Collector & Magistrate, Nadbai (the ACM), under Section 145 of the Code and, thereupon, the learned ACM, vide the impugned order dated 3.1.1994 has attached the entire property belonging to the Mandir including the residential portion where the petitioner was stated to have been residing. Feeling aggrieved, the petitioner has approached this Court by filing this petition. 3. I have heard the learned Counsel for the parties and have also perused the impugned order besides the copy of the FIR alongwith the petition. 4. Feeling aggrieved, the petitioner has approached this Court by filing this petition. 3. I have heard the learned Counsel for the parties and have also perused the impugned order besides the copy of the FIR alongwith the petition. 4. It is not disputed that the respondent No.3 and five others were arrested by the police, who had registered a case on the report of the petitioner and it is also not disputed that challan had been filed by the police against the respondent No. 3 and five others, after finding the case in accordance with the allegations made in the FIR, which clearly shows that according to the investigation of the police, the petitioner was in possession of the portion in dispute which was being used as residence by him and his family members and the respondent No. 3 and five others had trespassed into that house and had committed other offences. The police having already arrested the accused-persons and having submitted the challan, there was no question of any breach of peace in respect of the property in dispute i.e. the portion in occupation of the petitioner Hari Om and, as such, there was no reason for the learned ACM to have passed any order attaching the portion which was in occupation of the petitioner. It appears tome that the learned ACM has without applying his mind and taking into consideration all the facts and circumstances of the case, passed the impugned order whereby even the portion which was being used as residence by the petitioner and his family members has been attached. The impugned order, therefore, is only an abuse of process of the Court and has resulted into injustice to the petitioner. 5. Consequently, I accept this petition, set aside the impugned order dated 3.1.1994 passed by the learned ACM, Nadbai as far as the residential portion of the petitioner in the boundary of the Mandir in question is concerned and direct that the petitioner and his family members would be allowed to occupy the said portion and to use it till they are evicted in accordance with law. The petition stands disposed of accordingly.Petition allowed. *******