BASANT KUMAR Vs. KAVITA BAI

JUDGEMENT

(1.) This is a petition filed by petitioner under the provisions of S. 482 of Cr. P.C. being aggrieved by the impugned order dated 11.6.07, passed by Sub Divisional Magistrate, Shujalpur in Case No. 147/145/2007, whereby the disputed land was attached under the provisions of S.146 of the Code and was given in possession of a Receiver duly appointed by him.

(2.) Theisaid order was challenged by filing a criminal revision No.}19 of 07 before Addl. Sessions Judge, Shujalapur and the same was dismissed on 4.7.2007. After dismissal of Criminal Revision, pertitioner approached this court by filing this petition

(3.) Learned counsel appearing for petitioner submitted that in the impugned order passed by SDM, nothing has been stated as to how the court has come to the conclusion that either of the parties were not found in actual physical possession prior to two months from the date of passing of preliminary order, or, there was some state of emergency and it was necessary to appoint a Receiver attaching the disputed land/property.