- (1.) With the consent of the learned counsel for the parties, this miscellaneous petition is heard and is being decided today itself.
(2.) This miscellaneous petition has been preferred by the accused petitioners being aggrieved of the order dated 15.07.2015 passed by the learned Additional Sessions Judge, No.2, Nohar, District Hanumangarh in Revision No.65/2012 whereby, the learned revisional court upheld the order dated 19.11.2012 passed by the Sub-Divisional Magistrate, Rawatsar in proceedings under Section 145 Cr.P.C. By the order dated 19.11.2012, learned SDM directed attachment of a plot No.59 located at Ward No.19, Kasba Rawatsar.
(3.) Learned counsel for the petitioners contends that the petitioners are residing in the property in question. The execution of the attachment order was stayed by the learned revisional court way back in the year 2012 itself but pursuant to the revisional court's order dated 15.07.2015 whereby, the case was remanded back to the Executive Magistrate, the receiver has dispossessed the petitioners on 06.10.2015 and the petitioners rendered homeless. He thus submits that the very proceedings under Section 145 Cr.P.C. are absurd because the respondent No.2 failed to make out a case that the petitioners had dispossessed him two months before the institution of the proceedings. He thus prays the impugned order deserves to be quashed.;