KRISHAN SINGH Vs. ROMESH KUMAR

JUDGEMENT

(1.) Criminal Revision petitions Nos. 1, 2, 3 & 4 of 1988 have been directed against the orders passed by the Tehsildar, Executive Magistrate, 1st Class, Samba in the proceedings taken in terms of Section 145 of the Code of Criminal Procedure somewhere in the beginning of last fortnight of 1987. The orders impugned in these four revision petitions are steno-type. The Executive-Magistrate has while proceeding in terms of the above-mentioned provision of law drawn up orders, which are more orders of attachment rather than preliminary orders. This order will dispose of all the four revision petitions as the points of law involved are identical.

(2.) The Executive Magistrate has drawn up an order suggesting that he had perused the application and the relevant documents and it appeared that the non-applicants, therein had been forcibly dispossessed. The learned Executive Magistrate ordered that the non-applicants be asked to file their objections and documents in support of their possession with respect to the land in question. Thereafter the learned Magistrate has jumped to the concluding proviso of sub-Section 4 of Section 145 and attached different parcels of land in question.

(3.) I have perused the record and heard the learned counsel for the parties.