VARKEY OUSEPH Vs. PAILY MATHEW

JUDGEMENT

(1.) On the basis of M. P. 628/84 filed by the respondents, the Sub Divisional Magistrate, Muvattupuzha initiated proceedings under S.133 of the Code of Criminal Procedure (Here-in-after referred to as the 'Code') against the petitioner and passed a conditional order on 22-12-1984 which reads as follows:

(2.) After making a local inspection the Magistrate on 9-1-1985 passed an order purporting to be under S.142 of the Code to the following effect ;

(3.) This order was affixed at the residence of the petitioner on the night of 9-1-1985 itself. Next clay at the instance of the Sub Divisional Magistrate the gate and its pillars were physically dismantled and removed.