MOHAN PRADEEP Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Heard Mr. V. Raghavachari, learned counsel for the petitioner and Mr. D. Raja, learned Additional Government Pleader appearing on behalf of the first respondent as well as Mr. Srinath Sridevan, learned counsel for the second respondent.

(2.) The impugned order under challenge is purportedly issued under section 142 of the Code of Criminal Procedure, 1973 whereby an order of injunction was passed restraining the petitioner herein from running the shop in the premises bearing Door Nos. 122, 123, 123A, 123C and 123D (New Door No. 136) in the name of Mohan Store in Smith Building, Commissioner's Road, Ootacamand. The main ground raised by the learned counsel for the petitioner is that the order under Section 133 Cr.P.C., 1973 preceding the present impugned order dated 09.12.2017 is in violation of the procedure contemplated under the Code of Criminal Procedure.

(3.) Mr. V. Raghavachari, learned counsel for the petitioner submitted that the Sub Divisional Magistrate has erred in passing the order under Section 133 Cr.P.C., 1973 without conducting any enquiry and without drawing any preliminary order. By relying on the judgment of the Hon'ble Supreme Court in C.A. Avarachan v. C.V. Sreenivasan and another reported in 1996 (7) SCC 71 and two other orders of this Court, submitted that in the absence of the preliminary order, the proceedings under Section 133 Cr.P.C., 1973 is not maintainable.