BINA PATHAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the impugned order dated 25-11-2019, the Sub-Divisional Magistrate, Bhilai Nagar, Distt. Durg has passed a preliminary order under Section 145(1) of the CrPC which is sought to be challenged in this petition.

(2.) Mr. T.K. Tiwari, learned counsel appearing for the petitioner, submits that no finding with regard to possession has been recorded by the learned Sub-Divisional Magistrate by passing the preliminary order which runs contrary to the order of this Court in the matter of Joyal Bechak v. Subhash Sawal and another; Cr.M.P.No.521/2017, decided on 20-6-2017.

(3.) Mr. H.S. Ahluwalia, learned Deputy Advocate General appearing for the State / respondents No.1 to 4, would submit that the petitioner is at liberty to raise all the objections by filing reply before the Sub-Divisional Magistrate.