JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned 22-12-2021 in Na.Ka.A.2/4165/2017 issued by the 2nd respondent and follow-up proceedings and consequently quash the same.)

Challenging the order passed by the 2nd respondent under Section 145 of Cr.P.C., in Na.Ka.A.2/4165/2017, dated 22.12.2021, this Writ Petition has been filed.

2. Heard the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.

3. On perusal of the order passed by the 2nd respondent, it reveals that pursuant to the letter sent by the 3rd respondent Police, he has passed the order preventing anyone from entering into the property, which is in dispute. It is relevant to note that only few people have been shown as ‘A’ party in the order and the rival party has not even arrayed as party. Any order under Section 145 Cr.P.C., is passed, the Sub Divisional Magistrate/Revenue Divisional Officer has to pass an order taking note of the statement and evidence of both sides. The preliminary order must indicate who was in pos