CrlMP2000/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.2000/2010 Babu S/o Dauji Vs. State of Rajasthan and Another Date of Order ::: 29.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Raj Kumar Goyal, Counsel for petitioner Shri N.R. Saran, Public Prosecutor #### By the Court:- This petition under Section 482 Cr.P.C. has been filed by petitioner assailing order dated 12.10.2010 passed by Sub Divisional Magistrate, Deeg, Bharatpur (for short, 'the SDM'). In that order, the SDM, while exercising his power under Section 142 Cr.P.C., has passed an order directing that trespass of petitioner over public way and public chowk may be immediately removed. Said order was passed in proceedings under Section 133 Cr.P.C. It has been directed that trespass of petitioner over public chowk and obstructions on public way be removed by 19.10.2010 and same should be made open for public use. During course of argument, a query was put to learned counsel for petitioner and, in reply thereto, he has stated that impugned order has been implemented but such interim order could not be passed in scope of Section 142 Cr.P.C. and that CrlMP2000/2010 // 2 // order of this nature could have been passed only when proceedings under Section 143 Cr.P.C. are finally decided. No opportunity of hearing was provided to the petitioner. Without commenting on merits of case, I am of view that when order has been acted upon, argument which petitioner is seeking to raise before this court, may have been raised before the SDM itself, who shall consider its effect while finally deciding the proceedings. Since the order has been implemented, I do not deem it appropriate to interfere therewith. At this stage, learned counsel for petitioner submitted that he has submitted an application for appointment of Commissioner. Petitioner may pursue that application before the SDM, who shall consider the same in accordance with law. Petition is disposed of with aforesaid observation. (Mohammad Rafiq) J. //Jaiman//