Cr. MMO No.145 of 2009 17.11.2009 Present: Mr. N.K. Thakur, counsel for the petitioner. Mr. A.K. Bansal, Addl. Advocate General with Mr. R.P. Singh, Assistant Advocate General, for respondent No.1. Cr. MMO No.145 of 2009 This is a petition under Section 482 Cr.P.C. for quashing FIR No.225 dated 15.6.2009 registered at Police Station, Una and order dated 3.7.2009 Annexure P-4 passed by learned Judicial Magistrate Ist class, Court No.III, Una and other proceedings arising out of FIR No.225/09. The grievance of the learned counsel for the petitioner is that the police had filed an application under Section 457 Cr.P.C. for assistance of the Court in disposal of the property but vide order dated 3.7.2009 the learned Judicial Magistrate has handed over possession of the disputed premises. Mr. Thakur has submitted that the learned Judicial Magistrate has exceeded jurisdiction while passing the impugned order. The operative part of the impugned order is as follows:- “Let the premises in question be searched and if need be locks be broken but after giving notice to the accused. Furthermore, the property if found to be belonging to the accused kept inside the premises, be made into list and handed over to the accused and if not, the matter be again brought before the Court for appropriate directions. The property lying outside the premises in question be also made into list and be given to the complainant. The police is also directed to complete the other codal formalities, as required under law. Complainant is given the liberty to keep the articles with her on sapurdari, if she agrees for the same before the police. Application accordingly stands disposed of. These papers after due completion be sent to the Court of ld. CJM, to be tagged with the relevant case FIR”. The perusal of the impugned order indicates that the learned Judicial Magistrate has only authorized the police to search the premises and prepare the list of articles lying inside and outside the premises in question. There is nothing in the impugned order that the premises was ordered to be handed over to a particular person. The other grievance of Mr. Thakur is that the learned Judicial Magistrate has not decided the application Annexure P-5 dated 6.7.2009 filed by the petitioner wherein the prayer has been made for opening the locks. The petitioner is at liberty to request the learned Judicial Magistrate to decide the application dated 6.7.2009 at an early date. The other prayer of the petitioner is that the FIR No.225 of 2009 and consequential proceedings may be quashed. Mr. Thakur has stated that the FIR is still at the investigation stage. In these circumstances there is no merit in the prayer for quashing the FIR and connected proceedings. Resultantly, the petition is dismissed. Cr.MP No.731 of 2009 In view of the disposal of main petition, this application is rendered infructuous. Kuldip Singh), November 17, 2009 Judge. (sks)