BHEEK SINGH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor for non-petitioner No. 1 nobody appeared on behalf of non-petitioner

(2.) By this petition under Sec. 482 Cr.PC. the petitioner has challenged the order dated 17.7.1996 passed by the learned Executive Magistrate (Tehsildar), Phalodi in misc. Case No. 5/96 whereby the learned Tehsildar attached the property in dispute under Sec. 146 Cr.PC.

(3.) The grounds on which the order dated 17.7.1996 has been challenged are (a) that no preliminary order, as required by sub-section (1) of Sec. 143 Cr.PC. was drawn by the Tehsildar before directing the attachment of property in dispute and (b) that the attachment of the property under sub-section (1) of Sec. 146 Cr.PC. was not proper in view of the fact that the petitioner Bheek Singh was in possession of the land in dispute.