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Judgment
Prafulla C. Pant, J.
Urgency Application No. 773 of 2011 is allowed.
Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the order dated 28.12.2010, passed by Sub Divisional Magistrate, Rudrapur in Criminal Case No. 11/7 of 2010, State v. Jernail Singh and Anr..
Learned Counsel for the Petitioner submitted that Petitioner was not a party to the proceedings u/s 145 of Cr.P.C., in which the impugned order was passed. He further pointed out that he is recorded tenure holder in respect of Plot No 265 , 268 and 271/1. It is pointed out that the Petitioner had already taken temporary injunction by filing a Civil Suit in respect of the land in which the Petitioner in is recorded a tenure holder. It is argued that the impugned orders are passed at the back of the Petitioner and entire property is attached.
Having considered submissins of learned Counsel for the Petitioner and learned Counsel for the State and after going through the impugned order and the papers on record, this petition u/s 482 of Cr.P.C is disposed of directing Sub Divisional Magistrate, Rudrapur to hear the Petitioner in the matter and pass fresh appropriate orders in respect of Plot No. 265, 268 and 271/1, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copies of this order.