Criminal Misc. No. M-35620 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-35620 of 2009 Date of Decision: 4.10.2010 Ram Avtar Masta …Petitioner Versus Sub Divisional Magistrate, Bhiwani and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Raj Mohan Singh, Advocate for the petitioner. Mr. Himanshu Raj, Assistant Advocate General, Haryana, for respondent No.1. Mr.Alok Jain, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 12.2.2009 (Annexure P6), passed by the Sub Divisional Magistrate, Bhiwani, whereby he attached the property and appointed the Receiver, be quashed along with the order dated 26.8.2009 (Annexure P8), whereby the Court of Additional Sessions Judge (Fast Track Court), Bhiwani, had affirmed the order (Annexure P6). This Court will not go into the controversy to examine the fact as to whether the Additional Sessions Judge (Fast Track Court), Bhiwani, is competent to revise the order (Annexure P6), passed by the Sub Divisional Magistrate, Bhiwani. However, the matter of fact remains that the order (Annexure P6), whereby the Receiver has been appointed and the property has been taken into possession, has been affirmed by Criminal Misc. No. M-35620 of 2009 2 the Additional Sessions Judge (Fast Track Court), Bhiwani, vide order dated 26.8.2009 (Annexure P8). A period of about more than one year is going to elapse. This Court has not granted stay of further proceedings. However, the interim order was passed by the Co-ordinate Bench of this Court in favour of the petitioner, on 29.1.2010, which reads as under:- “...Learned counsel for respondent No.2 seeks time to file reply. List again on 26.2.2010. In the meantime, respondents are restrained from raising any construction over the property bearing Nos. H-458-a and H-458-B”. Learned counsel for the parties are not in a position to acquaint this Court as to whether the proceedings under Section 145 Cr.P.C. have been concluded or not. Be that as it may, in case the proceedings under Section 145 Cr.P.C. have not concluded, the Court of Sub Divisional Magistrate, Bhiwani, is directed to conclude the same within a period of six months from the date of receipt of a certified copy of this Order. Till then the interim order dated 29.1.2010, as passed by this Court, shall remain in force. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge October 4, 2010 “DK”