ANIL KUMAR JAIN Vs. R K YADAV

JUDGEMENT

(1.) This revision petition is directed against anorder dated 7th August, 1996 passed by the learned Additional Sessions Judge whereby he set aside the order dated 23rd May, 1994 passed by the learned S.D.M. and remanded the case to the learned S.D.M. with a direction to implead the legal representatives of the deceased Sh. Moti Ram and then to proceed with the enquiry further.

(2.) The brief facts which gave rise to the presentation of the present petition are as under; that the learned Magistrate while dealing with the petition under Section 145 of the Criminal Procedure Code ordered the attachment of the property bearing No. X-1274,Gali No. 2, Satsang Marg, Rajgarh Colony, Krishna Nagar, Delhi. During the pendency of the proceedings Party No. 1 Sh. Moti Ram before die S.D.M. died on 12th March, 1993. One of his legal heirs Sh. Darshan Kumar informed the S.D.M. with regard to his death vide his application dated 24th May, 1993. Thereafter the learned S.D.M. passed an order that the disputed property be de-sealed and be handed over to Sh. Anil Kumar, Smt. Raj Rani and Bachan Singh.

(3.) Aggrieved and dissatisfied with the said order Sh. Darshan Kumar approached the learned Additional Sessions Judge. Learned Additional Sessions Judge was of the view that aduty was cast on the shoulders of the learned S.D.M. to implead the legal heirs of the deceased Sh. Moti Ram and thereafter he should have proceeded with the enquiry once he came to know with regard to the death of Moti Ram. Learned S.D.M. instead of adopting the procedure as provided under Section 145(7) of the Criminal Procedure Code proceeded with the proceedings and de-sealed the property. Thus according to the Additional Sessions Judge the said order was illegal and invalid and he thus set aside the said order and remanded the case to the learned S.D.M. for impleadment of the legal representatives of the deceased Sh. Moti Ram and then to proceed with the enquiry further.