Full Judgment
M.Cr.C.No.9177/2013 26.08.2013 Shri Saurabh Sharma, counsel for the petitioner.
Shri G.S.Thakur, Panel Lawyer for the respondent/State.
Heard on admission.
The facts of the case, in short is that, Ashok kumar, Rajkumar, Rajesh Kumar and Mahesh Kumar son of Shrichandra Manuramani has initiated a proceeding under Section 145 of Cr.P.C.against one Ramchandra Sachdev and others and a preliminary order has been passed.
Thereafter, the respondent Ramchandra moved an application under Section 146 of Cr.P.C.to appoint a receiver.
Thereafter, the petitioner sent a complaint to the S.D.M., S.P.Katni and S.H.O.Madhav Nagar, Katni to get the order executed and since nothing has been done therefore, the present petition has been filed.
After considering the submissions made by learned counsel for the petitioner, it appears that the present petition is misconceived.
The petitioner was the respondent in the proceedings under Section 145 of Cr.P.C.pending before the S.D.M.Katni and therefore, he could not get any relief in his favour.
In the proceedings under Section 145 of Cr.P.C.an arbitrarily order cannot be passed by the concerned S.D.M.by moving such an application before the concerned S.D.M.or S.P.and the applicant cannot get anything in the case.
Consequently, there is no ground by which the inherent power under Section 482 of Cr.P.C.may be exercised.
The applicant is directed to move an application before the S.D.M.concerned, if he wants to get any relief from him.
With the aforesaid directions, the present petition under Section 482 of Cr.P.C.is hereby disposed off.
(N.K.GUPTA) JUDGE pnkj