YUDHISTHIR LAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C has been filed by the petitioner for quashing the proceedings pending before S.D.M., Raipur under Sections 145 and 146, Cr.P.C.

(2.) Petitioner Yudhisthirlal is a partner in the Firm Sadani Builders of Raipur. This firm has undertaken a multicrore project for construction of 500 shops in village Boriyakala, Police Station Mana Camp in Raipur District. The builder availed of the services of M/s. Begraj Agarwal, a contractor firm, for construction of some of these shops on agreed terms and conditions. The contract of construction was reduced into writing on 19.12.1994. In pursuance of this agreement respondent No.2 started construction work from 19-12-1994. These facts are not in dispute.

(3.) It is further admitted that the contractor respondent No.2 stopped the construction work in the middle, raising dispute about payment. Complaints were made to the police and eventually Station House Officer, Police Station Mana Camp, filed a report alongwith statements and other documents before S.D. M. Raipur. Proceedings under Section 145, Cr.P.C. were thus initiated and on the very same day, order under Section 146, Cr.P.C. was also passed for attachment of 280 shops and appointment of receiver. Admittedly both parties challenged this order before the 7th Additional Sessions Judge, Raipur, who dismissed both these revision petitions and affirmed the order of the S.D.M.