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1990 Supreme(Gau) 168

R.K.MANISANA SINGH
Indrapuri Primary Co-operative Housing Society Ltd. – Appellant
Versus
Bhabani Gogoi – Respondent


Advocates Appeared:
N.M.Lahiri, C.Barua, A.Roy

This revision petition arises from orders of the Sessions Judge, Dibrugarh made in Criminal Revision No.88 (4)89 on 30.10.89 and 3.11.89.

2. On 23.10.89, the Executive "magistrate, Dibrugarh in Case No. 241 of 1989 (renewed as 334 of 1989) passed preliminary order under section 145 (I), Cr.P.C. as well as order of attachment of the subject of dispute under section 146(1) Cr. P.C, Being aggrieved by the order of the Magistrate, the second parry Bhabani Gogoi filed Criminal Revision No. 88(1)89. The learned Sessions Judge, Dibrugarh by an order dated 30 10.89 admitted tie revision position and fixed 3.11.89 for hearing on stay matter. On 3.11.89, the In-charge Sessions Judge stayed the operation of the order dated 23.10.89 of the Magistrate in respect of the order of attachment of the subject of dispute. Hence this petition by the first party.

3. Mr. C. Bjruah, the iearnel counsel for the petitioner has contended that orders passed under sections !45 (1) and 146 (1;, Cr.P.C are an interlocutory order and, therefore, the revision is not maintainable under section 397 (2), Cr.P.C.

4. As regards the order under section 145 (1), the learned counsel has contended that the proceedings under s
















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