ASHOK Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure "("Code" hereinafter) and it arises out of order dated 8.2.2006 passed by learned Judicial Magistrate First Class, Biaora, District Rajgarh, in Miscellaneous Criminal Case No. 3/2006.

(2.) THE factual background of the matter is that the Town Inspector, Police Station Biaora, filed an application before the learned Judicial Magistrate First Class, Biaora, on the ground that the petitioner deals in gambling and had acquired huge property through the proceeds of the said gambling, therefore. the Town Inspector he allowed or ordered to investigate and collect the evidence about the said acquisition of the property and it was further requested that till the disposal of the application the petitioner he restrained from transferring or alienating his property to anyone. On moving the said application, the learned Judicial Magistrate First Class, Biaora passed the order impugned allowing the application and granting the relief's sought. The learned Court below also ordered to issue show cause notice to the petitioner and directed that within 30 days, the petitioner should show justification about the acquisition of his property which may he seized as per order relating to attachment and seizure.

(3.) UNDER these circumstances, this petition is on the following grounds: