JAINEESUDDIN Vs. JABESUDDIN

JUDGEMENT

(1.) HEARD finally.

(2.) PETITIONERS have filed this petition under Section 482, Criminal Procedure Code challenging ex parte order passed by SDM, Chanderi on 16-7-2001, which has been affirmed by Revisional Court vide order dated 29-11-2002.

(3.) THE brief facts of the case are that the respondent No. 1 filed an application before SDM, Chanderi under Sections 145 and 146, Criminal Procedure Code. The SDM, Chanderi instead of passing the preliminary order under Section 145, Criminal Procedure Code and issuing notice and providing opportunity of hearing to the petitioners, passed an order under Section 146, Criminal Procedure Code and directed for the attachment of the land in dispute and for handing over its possession to third person and thereafter directed for registration of the case as well as for notice to the opposite party. This ex parte order was challenged by the petitioners in a revision but unfortunately learned Addl. Sessions Judge without considering this aspect of the matter that the said order is not a legal order as the SDM has not passed any preliminary order under Section 145, Criminal Procedure Code and has also not issued any notice to the opposite party before passing order under Section 146, Criminal Procedure Code and without hearing them directed attachment of the property and handing over its possession to some other person, affirmed the said order. The petitioners have challenged both the aforesaid orders in this petition.