AJAY SINGH CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the CrPC is directed against the order dated 10.09.2020 passed by the First Additional Sessions Judge, Sakti, in Criminal Revision No.07/2020, by which the learned revisional Court affirmed the order dated 13.07.2020 passed by the learned Sub­Divisional Magistrate, Sakti, by which proceeding under Section 145 (1) of the CrPC has been initiated on filing Ishtagasha by the jurisdictional police and order of attachment of the subject­property has been passed.

(2.) The dispute relates to the dolomite mines situated at village Jhalronda, Tahsil Jaijaipur, District Janjgir­ Chamnpa in Khasra No.46/1, area 4.048 hectare, of which the lease is said to have been granted to the petitioner by the State Government w.e.f.2.8.2010 to 1.8.2030 for carrying out the mining activities. After eight years, the petitioner is said to have entered into an agreement with father of respondents No.3 and 4 on 18.5.2018, pursuant to which, some dispute arose between the petitioner and respondents No.3 and 4 which led to filing of police report by the jurisdictional police on 29.6.2020 and ultimately on 13.07.2020 the jurisdictional police submitted Ishtagasha No.01/20 for initiating proceeding under Section 145 of the CrPC to the Court of Sub­Divisional Magistrate, Sakti, District Janjgir­Champa. The learned Sub­Divisional Magistrate on the same day recorded in the order­sheet that an agreement has been entered into by the petitioner and father of respondents No.3 and 4 on 23.5.2018 and there is dispute with regard to production, income and profits and there is an apprehension of breach of peace, pursuant to which, the learned SDM directed to register the case and also directed for passing of preliminary order and issuance of summons. The preliminary order under Section 145 of the CrPC was separately passed in cyclostyle proforma and directed the Station House Officer, Police Station Baradwar to comply with the order 13.7.2020 and to attach the subject property and give the subject land in Supurdnama to Sarpanch of Gram Panchayat, Jhalronda. The petitioner herein basically questioned both the orders passed under Section 145(1) of the CrPC and order directing attachment of the subject property before the revisional Court. The revisional Court dismissed the revision finding no merit, against which, this petition under Section 482 of the CrPC has been filed.

(3.) Mr.Manoj Paranjape, learned counsel for the petitioner confining his submission to question the order under Section 146 of the CrPC, would submit that no satisfaction in terms of Section 146(1) of the CrPC has been recorded by learned SDM. He would further submit that in fact, only order under Section 145 (1) of the CrPC was passed by learned SDM and on the pretext of complying with the said order, warrant of attachment was issued as if there is order under Section 146 of the CrPC, whereas no order under Section 146 of the CrPC was passed after passing the order under Section 145(1) that it is the case of one of emergency, or he did not decide that none of the parties was in possession of the subject property or he has not recorded a finding that he is unable to satisfy as to which of them was in possession of the subject property, then also in the name of complying the order under Section 145 of the CrPC, the subject property was attached, which is liable to be set aside in view of decision of the Supreme Court in the matter of Ashok Kumar v. State of Uttarakhand, (2013) 3 SCC 366.