IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43749 of 2009 PRASADI SHARMA & ORS Versus STATE OF BIHAR & ORS ----------- 5. 05.07.2010. Heard. Initially I was not inclined to enter into the merits of the order dated 7.8.2004 passed by the S.D.M., Dhamdaha(Purnea) by which he attached the properties and appointed the officer-in-charge of Dhamdaha police station as the receiver in respect of the attached properties. After having perused the order, what appears is that the order was an ad hoc arrangement made by the learned S.D.M., as he wanted to satisfy himself about the existence of emergency at the spot and as such he was about to hold a local inspection as may appear from operative part of the order. The last line of the order also indicates that he had fixed a particular date for holding local inspection so as to satisfying himself about the availability of the ingredients of Section 146(1)of the Cr.P.C. so that the final order under that Section could be passed as regards the attachment of the property. - 2 - The order was being passed by the S.D.M., Dhamdaha. It may be pointed out to him for his instructions that a local enquiry as is envisaged under Section 148 of the Cr.P.c. cannot be made by the S.D.M., Dhamdaha himself. An order deputing some other Executive Magistrate subordinate to him has to be issued either by the District Magistrate or the S.D.M. with written instructions, if it is required for his guidance for holding the local inspection. This could be explicitly clear from the provisions of Section 148 of the Cr.P.C. Thus, what I find is that not only the order of appointing a receiver was completely erroneous as the properties were yet to be attached as per the provisions of Section 146(1)of the Cr.P.C. but the S.D.M., Dhamdaha himself was to hold the local inspection so as to satisfying himself about the state of emergency which might be existing on the spot. The order appears not supportable in law. In that view of the matter, the order dated 7.8.2004 passed in Case No.122M of 2000 (Sri Vijay Nandan Mishra Vrs. Bhola Sharma) is hereby quashed as the same appears outside the - 3 - four corners of the provisions of Section 146 and 148 of the Cr.P.C. So far as the prayer of the petitioners to quash the whole proceedings under Section 145 of the Cr.P.C. is concerned, till a final decision on the dispute regarding the proceedings under Section 46E of the B.T.Act is finally taken, this Court cannot undo the proceeding drawn up and being continued under Section 145(1)of the Cr.P.C. The petition is partly allowed in the above terms. B.Kr. ( Dharnidhar Jha, J. )