V.S. DAVE, J.— This is a reference made to us by Honble Chief Justice for answering the question referred to Division Bench by the learned Single Judge, Honble Sharma J. The question referred to is whether a composite order of attachment of disputed property under section 146 Cr.P.C can be passed by the Magistrate while passing the preliminary order under section 145 (1) Cr.P.C?

2. The aforesaid question arose in a revision petition filed against the order passed by Sessions Judge, Jhunjhunu, whereby he had partly quashed the order of Sub - Divisional Magistrate, Jhunjhunu, dated December 20, 1982 so far as the attachment of the property and appointment of receiver was made. The learned Sub Divisional Magistrate had passed one composite order which was in two parts. In first part he had drawn a preliminary order as required by sec. 145(1) Cr.P.C. and in the second part he had passed an order of attachment and appointed a receiver to manage the property. The learned Sessions Judge while reversing the order of the Sub-Divisional Magistrate to the extent of it being one under section 146 (1) Cr.P.C. placed reliance on a decision of this court reported in Kishan Bihari Birla vs. Prem Ku

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