PETITIONER HIGH COJJRT QF CHHATTISGARH AT BILASPUR ^r.M.P.Jio. 184/2011 Ganpat Kyrmi, S/o Late Shri Kanglu Kurmi (wrongly mentioned Manglu Kurmi in the impugned order) aged about 70 years, R/o Village Daihandih, Post Ranjitpur, Tehsil and P.S. Sahaspur-lohara, Districf Kabirdham (CG) VERSUS RESPONDENTS 1. 1. Sumitra Bai Wd/o Late NarmadaPrasad Tiwari, aged about 50 years, R/o village Sonpur, Police Station and Tehsil Kawardha, District Kabirdham (CG) 2. Chandrakant Dubey, S/o Late Makhan Prasad Dubey, .R/o village Dhaurabhatha (Ranjitpur), Police Statioa and Tehsil Sahaspur-lohara, District Kabirdham (CG) 3. Manikram Verma, S/o Lakhanram Verma, aged about 37 years, R/o Vill. .Patpar, P.S. 85 Tehsil Sahaspur-Lohara, District Kabordham (CG) PETITION UNDER SECTION_482 OF THE CODB OF CRIMINAL PROCEDURE, 1973. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. Rajneesh Singh Baghel, Advocate for the petitioner. Respondents not noticed. ORAL- ORDER (Passedon 01/04/2011) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') petitioner has challenged the legality and propriety of the order dated'14/1/2011 passed by Sessions Judge, Kabirdham (CG) in criminal revision No. 07/2009 wherebylearned Sessions Judge, Kabirdham (CG) has quashed the order dated 13/2/2009 relating to attachment of the property under Section 146(1) of the Code passed by Sub-Divisional Magistrate, Kawardha, District Kabirdham (CG) in criminal case No. 41/2.009. /^ef ->»<'•' ^-e^ "2- 2. Learned counsel for the pedtioner Mr. Rajneesh Singh Baghel is heard. 3. Order impugned, copy of order passed under Section 145(1) of the Code 8s 146(1) ofthe Code and-order sheet dated 13/2/2009 pemsed. 4. .Order dated 13/2/2009 reveals that after considering the report of Police in detail, Sub-Divisional Magistrate, Kawardha, District Kabirdham (CG) has passed the order under Section 146(1) of the Code. The order dated 13/2/2009 further reflects that Sub-Divisional Magistrate, Kawardha, District Kabirdham (CG) has not considered the Police report in detail af the time of passing order in under Section 145(1) of the Code i.e. main and initial order under Section 145 of fhe Code. Considering the aforesaid circumstances, present petition is disposed of with the direction that on the filing of fresh application .under Section 146(1) of the Code, Sub-Divisional Magistrate, Kawardha, District Kabirdham (CG) shall without influencing of the order of revisional Court and after providing ari opportunity of hearins to bofh the parties passed the order afresh in accordance with p-roviso ofSection 146(1) oftheCode. ----- T.P.Sharma Judge -r'