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1978 Supreme(Ker) 127

V.P.GOPALAN NAMBIYAR, M.P.MENON
VARKEY – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These revisions have been referred by a learned judge to a Division Bench to consider the correctness of the decision of a learned judge of this Court in Ravindran v Rugmini Amma (1977 KLT. 738), which view was repeated again by the same learned judge in Lilly Franklin v. Wilson (1977 KLT. 871) The question raised is whether proceedings under S.145 of the Criminal Procedure Code of 1973 are open to be continued after an interim attachment of the property has been effected. The two decisions of this Court referred to earlier have been understood as taking the view that on the effecting of an interim attachment the proceedings under S.145 automatically terminate or come to an end, and no further investigation or enquiry is either contemplated or open. It is this view that falls to be examined. In Criminal R. P. No. 129 of 1977 the Magistrate passed an order under S.146, recalling his preliminary order under S.145 (1) of the Code, and the attachment effected under S.146 (1), putting the Village Officer in charge as Receiver of the said property, and holding that he had no jurisdiction to proceed under S.145 of the Criminal Procedure Code and decide the question of posse























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