SURJARAM Vs. HASSAN

JUDGEMENT

(1.) THIS revision petition is directed against the orders dated 29lh Aug. , 1981 & 31st Dec. , 1981 passed by the Executive Magistrate Parbatsar.

(2.) PETITIONER Surjaram submitted a complaint u/ss. 145 & 146, Cr. P. C. in the Court of Executive Magistrate, Parbatsar on 12th May, '81. The learned Magistrate on that date, passed a preliminary order and appointed the Tehsil-dar, Makrana, as Receiver for this property, who asked to submit his report by 22nd May, '81,. From the copies of the order-sheets, it reveals that no report was submitted by the Tehsildar upto 4th June. '81. Then the learned Magistrate fixed 6th July,'81, for seeing the site, and on that date, without giving any notice to the petitioner or his counsel, the site was inspected, and he inquired from the neighbours as to who was in possession of the disputed property. Thereafter, without recording evidence of the parties, the learned Magistrate passed order on 22nd July,'81 asking both the parties to lead evidence. From the order sheet of that date, it seems that no information was given to the petitioner about submitting his evidence. Thereafter evidence was closed by the learned Magistrate, and on 29th Aug. , '81 he passed the order dismissing the complaint under S. 145, & 146, Cr. P. C. Thereafter, without giving any notice to the complainant, the learned Magistrate passed another order on 31st Dec, '81 by which he directed the Receiver to return the attached property to non-petitioners Nos. 1 to 3.