MUNNA LAL Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This Misc. Petition under Section 482 Cr.P.C has been filed against order dated 29.10.2012 passed by the learned District and Sessions Judge, Dholpur by which revision petition has been dismissed and the impugned order dated 25.5.2012 passed by the Sub Divisional Magistrate, Basedi is maintained and a direction has been issued against the present petitioner to close the factory of the petitioner within a period of five days situated in village Timasiya, Basedi.

(2.) The brief facts gives rise to the criminal Misc. Petition are that the respondent no.2 submitted an application before the learned SDM,Basedi on 14.5.2012 under the provision of section 133 Cr.P.C. The learned SDM has called for the report of the Patwari and issued notice to the present petitioner. The present petitioner filed reply on 22.5.2012 which was taken on record and case was adjourned for 25.5.2012 as the learned SDM was not available on 22.5.2012. Surprisingly, on 25.5.2012, without giving opportunity of hearing to the petitioner and without compliance of mandatory provisions under sections 133 and 138 of Cr.P.C a final order has been passed against the present petitioner directing him to close the factory. The present petitioner preferred revision petition which was also dismissed without appreciating his contentions. The copy of the revision petition is also placed on record. Hence this petition.

(3.) Per contra, the contention of respondent no.2 is that the court below has rightly passed the impugned order. The present petitioner has also availed the remedy of revision petition, hence this petition by way of second revision is not maintainable.