BALJOR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALJOR Singh and others through present petition filed by them under Section 482 of the Code of Criminal Procedure seek quashing of the proceedings initiated against them under Section 145 of the Code of Criminal Procedure by the Sub Divisional Magistrate, Panipat as also order, Annexure P-4, vide which the land, subject matter of dispute, was put under attachment.

(2.) IN consequence of notice issued by this Court, respondents were served. On the last date of hearing, on the request of learned counsel for the respondents, one last opportunity was granted to file reply. However, no reply has been filed till date.

(3.) I have heard learned counsel for the parties and gone through the records of the case. Petitioners do have an alternative remedy under Sub-section (5) of Section 145 Cr.P.C. Concededly, so far the magistrate dealing with the matter has passed an order under Sub-section (1) of Section 145 Cr.P.C. and thereafter attached the property in dispute on the same day. There was, thus ex-parte representation before the Magistrate concerned. It was open to the petitioners to have availed an alternative remedy available to them under Section 145(5) Cr.P.C. which reads thus :-