RAJKESHWAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Ganesh, learned counsel for the revisionist and learned Additional Government Advocate. None appeared from the side of opposite party no.2 to argue the case. Perused the material available on record.

(2.) This criminal revision has been preferred against the order passed by opposite party no.2/Sub-Divisional Magistrate, Robertsganj, District Sonbhadra dtd. 2/5/2013 in Case No.39 of 2013 (Smt. Prema Devi Vs. Rajkeshwar Yadav), under Sec. 145 CrPC, Police Station Kone, District Sonbhadra whereby the land being Araji nos.4, 5, 11, 15, 313, 721 722, 749, 767/1 and 267/202 total 11 gata area 1/0/912 hectare had been attached under Sec. 146 (1) CrPC.

(3.) The facts in brief of the case are that on the report of Station House Officer, Police Station Kone that there was breach of peace with regard to the aforesaid plot numbers and there was essentiality of attachment of the aforesaid plots under Sec. 146(1) CrPC the Sub-divisional Magistrate convinced with the report of the concerned SHO attached the aforesaid plots under Sec. 146(1) CrPC vide order dtd. 2/5/2013. Before passing the impugned order, a preliminary order under Sec. 145(1) CrPC had also been passed by the concerned SDM. Being aggrieved from the order of the SDM, this revision petition has been preferred.