JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. Heard Mr. Ganesh, learned counsel for the revisionist and learned Additional Government Advocate. None appeared from the side of opposite party no. 2 to argue the case. Perused the material available on record.

2. This criminal revision has been preferred against the order passed by opposite party no. 2/Sub-Divisional Magistrate, Robertsganj, District Sonbhadra dated 02.05.2013 in Case No. 39 of 2013 (Smt. Prema Devi vs. Rajkeshwar Yadav), under Section 145 Cr.P.C. Police Station Kone, District Sonbhadra whereby the land being Araji Nos. 4, 5, 11, 15, 313, 721 722, 749, 767/1 and 267/202 total 11 gata area 1.0.912 hectare had been attached under section 146 (1) Cr.P.C.

3. The facts in brief of the case are that on the report of Station House Officer, Police Station Kone that there was breach of peace with regard to the aforesaid plot numbers and there was essentiality of attachment of the aforesaid plots under Section 146(1) Cr.P.C. the Sub-divisional Magistrate convinced with the report of the concerned SHO attached the aforesaid plots under Section 146(1) Cr.P.C. vide order dated 02.05.2013. Before passing the impugned order, a preliminary order