B.S.Dhillon, J. - (1.) IN this Petition under Section 482 of the Code of Criminal Procedure the Order of the Sub Divisional Magistrate, Kharar, dated 30th May, 1977, passing a conditional order under the provisions of Section 133 of the Code of Criminal Procedure and consequently the order passed by the learned Sessions Judge, Ropar, dismissing the revision Petition filed by the petitioners, have been challenged. It has been pointed out by the learned counsel for the respondents that no such Petition is maintainable under the provisions of Section 482 of the Code of Criminal Procedure. The learned counsel for the petitioner places reliance on a decision of the Supreme Court in Madhu Limaye v. State of Maharashtra : A.I.R. 1978 S.C. 47 and contends that such a Petition is maintainable. Without going into the question whether the Petition is maintainable or not, in my view, even on merits there is no ground to interfere with the orders of the Court below.
(2.) THE contention of the learned counsel for the petitioners that the learned Magistrate could not inspect the spot before issuing the conditional order, is really without any merit. As is clear from the provisions of Section 133 of the Code of Criminal Procedure, the Magistrate seized with the proceedings under the said Section is competent to receive a report from the police officer or other information and to take such evidence, if any as he thinks fit, before passing a conditional order under Section 133 of the Code of Criminal Procedure. The spot inspection by the learned Magistrate before passing the conditional order cannot be held to be without jurisdiction. The second contention of the learned counsel that the petitioners against whom the conditional order has been issued, cannot be associated with the enquiry before the conditional order was issued, is again without any merit. The learned Magistrate in fact heard both the parties and taking into consideration the material before him passed the conditional order. It is open to the petitioners who are respondents before the learned Magistrate to deny the public right and to lead evidence in accordance with the provisions of Section 137 of the Code of Criminal Procedure. That matter is still pending before the learned trial Magistrate.
(3.) FOR the reasons recorded above, there is no merit in this Petition and the same is hereby dismissed.;