K.N. Sinha, J. - (1.) Heard learned counsel for the applicant, learned A.G.A. and learned counsel for Opposite Party No.2.
(2.) The facts giving rise to this application under Section 482, Cr.P.C. are that on the application of the applicant the Deputy District Magistrate Behat, District Saharanpur called for a report from police station whereupon the police requested the court to initiate the proceedings under Section 145 Cr.P.C. The Deputy District Magistrate initiated the proceedings under Section 145(1), Cr.P.C. on 26.10.2004. The opposite party No.2 appeared and filed an objection. The Magistrate passed the order under Section 148(1), Cr.P.C. on 9.11.2004. The said order was challenged by the opposite party No.2 before the Sessions Judge, Saharanpur in Criminal Revision No.318 of 2004 in which after hearing both the parties the Sessions Judge, Saharanpur allowed the said revision and set aside the order dated 9.11.2004 but at the same time the Court ordered to send back the file to the Deputy District Magistrate for passing fresh order after hearing both the parties.
(3.) Being aggrieved by the said order the present application under Section 482, Cr.P.C. has been filed. I have perused the order of the Deputy District Magistrate and that of the Session Judge. The matter of urgency and description of property was raised before the Sessions Judge. The parties have also raised that this order is an interlocutory order. The number of authorities were filed. The main contention of the learned counsel for the applicant, however was that the Magistrate has not given any description of property and when time was granted to opposite parties to file the objection then it should not have been disposed of without filing the objection.;