RAMAMMAL Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) Aggrieved against the impugned order passed by the Learned Sub-Division Magistrate (North), Pudhuchery on 16.02.2010, the present petition under Section 482 of Cr.P.C. has been preferred before this Court.

(2.) In the impugned order of the 1st respondent it is mentioned that the Learned Sub-Divisional Magistrate received information from the Station House Officer of "D"-Nagar Police Station stating that there exist a dispute among the petitioner herein and the respondents 2-5 herein with respect of the possession and enjoyment of the property comprised in R.S.No.80/3 and 80/4, measuring an extent 600 sq. feet of house located at No.222, Poongulam, Kamaraj Salai, Pudhucheery. According to the petitioner she is the owner of a portion of a shop which was leased to her by "Sri Muthu Vinayagar and Sri Subrmaniyan Swami Kovil and Nagamuthumari Amman Temple Devasthanam. Whereas the petitioner's brother's son namely Suresh, the 2nd respondent herein claimed that he is the owner of one of the shop and the petitioner who is referred as "A" party in the impugned order causing hindrance to the possession and enjoyment of his shop. Hence a case in counter was made by both parties and the same was referred by the "D"-Nagar Police to the 1st respondent herein for passing order under Section 145 of Cr.P.C.

(3.) This Court cannot go into the disputed question of facts. The point for consideration arise before this Court is whether the impugned order passed by the Learned Sub-Division Magistrate, under Section 145(1) is sustainable under law and the same is liable to be quashed or not.