Shrawan Kumar Jalan vs State of Bihar

Narayan Roy, J.—Having heard Mr. P. S. Dayal, the Learned Counsel for the petitioner and Mr. Sumir Prasad, the Learned Counsel for the State, this application is being disposed of at the admission stage itself. This is an application for quashing of the order dated 22.6.92 by which the learned Subdivisional Magistrate, Ranchi has drawn up a proceeding u/s 133 of the Code of Criminal Procedure and thereby has directed the petitioner to remove the timbers kept on the land within 24 hours and has also directed him to file show cause within one week.

Mr. Dayal, the Learned Counsel for the petitioner submits that without considering the show cause, the learned Magistrate could not have passed the order for removing the timbers and that too within 24 hours.

It appears that the learned Magistrate has erred in directing the petitioner to remove the timbers within 24 hours without giving him any opportunity to show cause prior to that and also without giving a proper notice. I, accordingly, quash the order by which the learned Magistrate has directed the petitioner to remove the timbers within 24 hours and direct the petitioner to appear and file his show cause by 1st of July, 1992, after filing of the show cause, the learned Magistrate shall proceed in the matter in accordance with law and as per the mandates of section 138 of the Code of Criminal Procedure.