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2014 Supreme(Ker) 504

P.UBAID
N. A. Shameel – Appellant
Versus
Muhammed Ansari – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:R. Surendran, Advocate.
For the Respondents:R1, M.P. Mohammed Aslam, Public Prosecutor, R. Githesh, Advocate.

Judgment

1. The question of law involved in this revision is whether an order of attachment passed by the Executive Magistrate under Section 146(1) of the Code of Criminal Procedure (for short 'Cr.P.C') is amenable to revisional jurisdiction under Section 397 of Cr.P.C. The property in dispute, and under attachment, is a two storied building. The dispute actually is between two factions within the same religion, or between two groups within a society. On the basis of the report submitted by the Sub Inspector of Police, Kottayam West Police Station, the Sub Divisional Magistrate, Kottayam, in his capacity as Executive Magistrate proceeded under Section 145 of Cr.P.C on the finding that there is possibility of breach of peace in view of dispute between the two factions concerning possession over the said building. On prima facie satisfaction of such a possibility, the Executive Magistrate, without and before proceeding to pass preliminary order and notice under Section 145(1) of Cr.P.C initiated conciliatory efforts. Accordingly on 22.7.2013, the Executive Magistrate issued notice to both the parties to appear on 29.7.2013. In fact, the police happened to submit such a report about ap














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