HIGH COURT OF CHHATTISGARH AT BILASPUR Ritl^S^® > PBTITIONBR RESPONDBNT VERSUS 1. 2. CR.M.P. No. 606 OF 2009 MurUdhar S/o Mukund Raia, aged about 60 years, R/o Kaade, Tahsil Balod, District Dm^ (C.G.). Tamieshwar, S/o Siuiderlal Sahu, aged about not known, R/o Perpar, TahsU Gumr, District Durg (C.G.). Sub-Divisional Magistrate, Balod, District Durg (C.G.). PETITION UNDBR SBCTION 482 OF THB CODB OP CRIMINAL PROCBDURB. 1973. (SB :Hon*ble Mr. T.P.Sharma. J.) Present:- Shri P.P. Sahu, Advocate for the petitioner. Shri Ashish Gupta, P.L. for the respondent N0. 2. ORAL- ORDER (Passedon 23/11/2009) This petition has been fUed under Section 482 of the Code of Crimmal Procedure, 1973 (ia short 'fhe Code?) is for quashinent offhe orcler dated 9/11/2009 passed by fhe Sub Divisional Magistrate, Balod, Distdct Durg iti crimmal case No. 858/2009 on the ground that leamed Sub Divisional Magistrate has passed illegal order penmtting for cutting fhe crop wifhout passiag aa order under Section 145 ofthe Code, Leamed counsel for fhe petitioner submits fhat on 9/11/2009 Station Officer, Balod has subiaitted a report/petition for attachiue&t of fhe iixiniovable property on fhe basis of breach of peace between petitioner aad respondent an iaterim application for permission to cut the crop was filed by fhe respondent aad Sub Divisional Magistrate without proceediag Under Section 145 of the Code aad passiag aay preUmmary order has permitted fhe respondent N0. 1 for cuttiug the crop staadiag over fhe disputed laad. <"" \ <": 3, Leamed counsel for fhe petitioner further subniits fh.at Sub Divisional Magistrate is not conipetent to pass such order. 4, Learaed counsel for fhe petitioner Shri P.P. Sahu miade statexnent fhat Sub Divisional Magistrate has not passed order under Section 145(1) or under Section 146 (1) oftlie Code and has direcUy permitted fhe respondent No. 1 for cutting fhe crop. 5. Order itnpugned reveals fh.at wifhout iaitiatiag the proceedmg under Section 145 of the Code aad wifhout passiag aay preUiiLhiary order required under Section 145 (1) of fhe Code, learaed Sub Divisional Magistrate has pennitted tlie respoadent No. 1 for cutfcbig fhe crop staading over fhe disputed laad, Order iaipugned is not sustamable under fhe law and continuaiice of such order would amount to abuse offhe process ofthe Court. 6, ConsequenUy, this petition is allowed. Order impugned is hereby quashed. However, Sub Divisional Magistrate Balod, Distdct Durg is at liberty to initiate fhe proceeding iiader Section 145 of the Code agauist the pardes aad to pass appropriate order under Section 145 (1) aad 146 ofthe Code aad learaed Sub Divisional Magistrate, Balod is also directed to pass suitable order relating to fhe crop if already cut by respondent N0.1 aiid reinoved froni the field. 7, Certified copy today. Sd/- T.P. Sharma Judge -/^-