Challenging the order passed by the respondent/Sub Divisional Magistrate under Section 133 Cr.P.C, the present criminal revision case has been filed.
2.I have heard Mr.J.Anandkumar, learned counsel appearing for the petitioner and Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor, appearing for the respondent and perused the records carefully.
3.The learned counsel for the petitioners would contend that the respondent/Sub-Divisional Magistrate, without following the procedure contemplated under
Section 133 Cr.P.C and without issuing any preliminary order, straight away passed the final order, which is not permissible in law.
3.On a perusal of the impugned order, it is found that the Sub Divisional Magistrate has passed the impugned order, without following the procedure contemplated under
Section 133 Cr.P.C and without passing any preliminary order and conduct any enquiry as contemplated under
Section 138 Cr.P.C. Under the said circumstances, the impugned order is liable to be set aside and the matter shall be remitted to the Sub-Divisional Magistrate, Devakottai, Sivagangi District to follow the procedure contemplated under
Section 133 Cr.P.C.
4.In the result, the impugned order, passed by the Sub-Divisional Magistrate, Devakottai, Sivagangi District is set aside. Consequently, this Criminal Revision Case is allowed and the matter is remanded to the respondent/ Sub-Divisional Magistrate, Devakottai, Sivagangi District to pass order, by following the due process of law. Consequently, connected miscellaneous petition is closed.
To The Sub-Divisional Magistrate, Additional P.A to District Collector (Land ) cum Sub Collector (Full Additional In charge) Devakottai, Sivagangai District.
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