ABDUL RASHID Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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N.M.Kasliwal, J. -
(1.)This petition under Section 482 Criminal Procedure Code is directed against an order of the learned Sub Divisional Magistrate, Dholpur, dated June 29, 1983, passed under Section 146(1) Criminal Procedure Code. On June 27, 1983, a complaint in writing signed by 28 residents of Dholpur was filed to the effect that some persons were trying to take unauthorised possession of a two strayed building situated near Ramkund Chopda adjacent to a temple of idol Shiva in Dholpur. The said complaint was forwarded to the Station House Officer, Kotwali Dholpur for immediate inquiry and early report to the Sub. Divisional Magistrate, Dholpur. The Station House Officer, Kotwali, Dholpur, after making inquiry submitted a complaint under Section 45 Criminal Procedure Code on June 29, 1983. The learned Sub-Divisional Magistrate on the same day passed the impugned order directing the Station House, Dholpur to attach the property in dispute, as there was danger as to breach of peace.
(2.)It is contended by Mr. Garg, learned counsel for the petitioners that the learned Sub- Divisional Magistrate has no jurisdiction to pass an order under Section 146(1) Criminal Procedure Code attaching the property in dispute without first passing a preliminary order under Section 145 Criminal Procedure Code. Reliance in this regard is placed on Narainram v. Shanker Lall.
(3.)A perusal of the order dated 29th June, 1983, passed by the learned Sub-Divisional Magistrate shows that he has mentioned the facts as contained in the complaint filed by the Station House Officer and thereafter he has observed that he perused the complaint and had inspected the site and arrived at the conclusion that the non-petitioners had taken unlawful possession of the property in dispute and in case the property was nor attached then there was danger as to breach of peace and agitation was increasing in the public. In view of these circumstances it was considered necessary in the opinion of the learned Sub Divisional Magistrate to attach the property in dispute. In the last portion of his order a direction was given to the Station House Officer, Dholpur, to go on the spot and attach the property in dispute and remove the locks put by the Non-petitioners. It has been further ordered that in case the Non-petitioners had any objection in this regard they would appear in the court on the next date i.e. July 8, 1983.
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