GAFFAR KHAN Vs. JAFAR KHAN

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. against the order dated 15/06/2009 passed by ASJ, Sironj, District -Vidisha whereby the order dated 30/10/2008 passed by SDM, Lateri, District -Vidisha in case No.116/145/2008 has been confirmed.

(2.) Brief facts of the case are that respondent No.1 submitting an application before SDO, Murwas claiming himself, Siraj Khan, Fidha Mohd., Satta Khan, Kallu Khan to be owner of land bearing survey No.470, 471 situated at Village -Lalchiya. The land just adjacent to the land of petitioner, respondent No.1 is having its own land and one medh is there. It is further averted that the petitioner has demolished the said medh and encroached upon such land of respondent No.1, hence prayed for necessary action. SDO, Murwas filed a complaint before SDM, Lateri submitting there is likelihood of breach of peace, hence the disputed land may be attached. Learned SDM, Lateri vide its order dated 30/10/2008 directed for attachment of disputed property. Being aggrieved with the order petitioner preferred criminal revision No.261/2008 before ASJ, Sironj. Learned ASJ, Sironj has confirmed the order passed by learned SDM, Lateri being aggrieved with the same, this revision petition has been filed.

(3.) It is submitted by learned counsel for the petitioner that the judgment passed by learned trial Court is illegal, arbitrary and not under the provisions of law and deserves to be set -aside. Learned SDM, Lateri committed illegality in attaching the disputed property in favour of third person. It is further submitted that pre - requisite of making attachment under Section 146 (1) of Cr.P.C. is that there should be order of learned Magistrate under Section 145 (1) of Cr.P.C. It is submitted that learned trial Court has further committed illegality in not considering the fact that on the basis of likelihood of breach of peace land cannot be attached. It is prayed that impugned order be quashed.