B.v.Subba Rao, Vs Gem Granites Pvt. Limited,78

THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO. 1487 of 2010

ORDER

1 This revision is directed against the orders of the Collector / District Magistrate, Prakasam District at Ongole under section 145 of Cr.P.C. in M.C.No.1 of 2010 dated 03.07.2010 whereby both the parties were restrained from entering into the land in dispute.

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2 It may not be necessary for this court to delve into the various facts of the case for the reason that the main submission of the learned counsel for the petitioner Mr. V.Srinivas is that the said order is contrary to Section 145(4) of Cr.P.C.

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3 Heard.

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4 Before passing an order of this nature, according to Section 145(4) Cr.P.C. the Magistrate shall put the parties on notice and receive such evidence as may be produced by them as he may think necessary and then pass the said order.

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5 From a perusal of the order, it is clear that the learned District Magistrate, Ongole did not strictly adhere to the said provision of law. Hence, this court has no hesitation to come to the conclusion that the said order is liable to be set aside.

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6 Accordingly, the order dated 03.07.2010 passed by the Collector / District Magistrate, Prakasam District at Ongole under section 145 of Cr.P.C. in M.C.No.1 of 2010 dated 03.07.2010 is hereby set aside.

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7 However, as it is submitted by the learned counsel for the respondent that there is breach of peace and the respondent is read

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to cooperate with the enquiry to be held, the Collector / District Magistrate is hereby directed to put both the parties on notice, hear the matter and pass appropriate orders in accordance with the provisions of Section 145 of Cr.P.C. within a period of two weeks from the date of receipt of a copy of this order.

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8 This revision is accordingly allowed.

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--------------20.09.2010

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Kvsn

B.v.Subba Rao, v. Gem Granites Pvt. Limited,78

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B.v.Subba Rao, v. Gem Granites Pvt. Limited,78

Case brief

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