SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(MP) 722

A.K.GOHIL
Jaineesuddin – Appellant
Versus
Jaheeruddin – Respondent


Advocates:
M.K. Jain for petitioners; S.P. Jain for respondent No.1; Vivek Khedkar, Public Prosecutor for State/respondent No.2.

ORDER

1. Heard finally.

2. Petitioners have filed this petition under section 482 CrPC challenging ex parte order passed by SDM Chanderi on 16.7.2001, which has been affirmed by Revisional Court vide order dated 29.11, .2002.

3. The brief facts of the case are that the respondent No.1 filed an application before SDM, Chanderi under sections 145 and 146 CrPC. The SDM, Chanderi instead of passing the preliminary order under section 145 CrPC and issuing notice and providing opportunity of hearing to the petitioners, passed an order under section 146 CrPC and directed for the attachment of the land in dispute and for handing over its possession to third person and thereafter directed for registration of the case as well as for notice to the opposite party. This ex parte order was challenged by the petitioners in a revision but unfortunately learned Additional Sessions Judge without considering this aspect of the matter that the said order is not a legal order as the SDM has not passed any preliminary order under section 145 CrPC and has also not issued any notice to the opposite party before passing order under section 146 CrPC and without hearing them directed attachment o









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top