SHIVRAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission.

(2.) This is a petition under Section 482 of Code of Criminal Procedure (for short 'the Code'). The petitioners are aggrieved by the order-dated 28.08.2009 passed, by First Additional Sessions Judge, Ashok Nagar in Criminal Revision No.86/2009 affirming the order dated 06,08.2009 passed by Sub Divisional Magistrate, Ashok Nagar in Case No. 12/9/145 containing direction to remove encroachment made by them. In that case, the proceedings, under Section 145 of the Code, were initiated upon information submitted by SHO of P.S Ashok Nagar in the form of Istagasa bearing no.7/09, arraigning the petitioners as party no. 1 and the respondent nos.2 and 3 as party no.2. It contained averments to the effect that a dispute between the parties concerning the land, whereon the petitioners had raised construction, was likely to cause a breach of peace.

(3.) Accordingly, a preliminary order, under Section 145(1) of the Code, was passed by the SDM requiring the parties to put in written statements of their respective claims as to the subject matter of the dispute. However, none of them came forward to file any such statement.