Crl. Misc. No. M- 38535 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 38535 of 2007 DATE OF DECISION: December 13, 2011 Lakhbir Singh .....Petitioner VERSUS State of Punjab & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Gulshan Sharma, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, DAG Punjab for the State. Mr. R.S. Chauhan, Advocate, for respondent No.4. **** RANJIT SINGH, J. This petition has been filed by the petitioner to challenge the order dated 29.5.2007, whereby S.D.M. Ferozepur, has passed an order attaching the land measuring 98 Kanal 12 Marlas situated in Village Bhanger Tehsil and District Ferozepur on the basis of a calandera filed by S.H.O. Police Station Ghal Khurd under Section 145 Cr.P.C. Claiming himself to be in possession of this property, the petitioner has impugned this order primarily on the ground that he was not afforded any opportunity of hearing when this order was passed by the S.D.M. Counsel for the petitioner has taken me through the impugned order (Annexure P-6), where the petitioner had Crl. Misc. No. M- 38535 of 2007 -2- been impleaded as a party, but the impugned order concededly was passed without affording opportunity of hearing to him. Counsel would place reliance on the case of Kali Ram Vs. State of Haryana, 2003(2) RCR (Criminal) 595, where it has been held that the “parties concerned in dispute” as mentioned in Section 145 (1) Cr.P.C are intended to indicate persons claiming to be in possession at the time of initial order to be passed under sub-Section (1) and not the parties interested in or claiming a right in property in dispute. Therefore, even if a person is not one of the parties to the dispute but is in possession of part of the land to be attached he is a necessary party to the proceedings and should be called upon to file his written statement and objections to the claim put up by one of co-owners of the land. Thus, grant of opportunity of hearing is considered essential requirement while passing the order under Section 145 Cr.P.C. Since in this case, the petitioner was not given any opportunity of filing response, the impugned order cannot be sustained. The submission made by counsel for the respondents that the matter is pending in a writ petition before this Court or there are some subsequent development, can always be pleaded before the authority now. Even the pendency of a civil suit in regard to the same land can very well be pleaded before the S.D.M. for him to take it into consideration while passing order under Section 145 Cr.P.C. The impugned order is set aside. Case is remanded back to the S.D.M., Ferozepur, for deciding the issue afresh after affording opportunity of hearing to all the effected parties. The parties through their counsel are directed to appear before the S.D.M., Ferozepur, on Crl. Misc. No. M- 38535 of 2007 -3- 4.1.2012. The petition is, accordingly, disposed of. December 13, 2011 ( RANJIT SINGH ) monika JUDGE