A Magistrate can order attachment of property under Section 146 of the Criminal P. C. in case of emergency without notice to the opposite party.

1. This revision is directed, against the order of Sessions Judge, Mandi, upholding the order of attachment passed under Section 146 of the Criminal P. C. by Sub-Divisional Magistrate, Mandi.

2. Bhagat Ram respondent (referred to as the tenant) is a tenant in a house in Mandi town under the petitioners (referred to as the landlords). The house is double storeyed. The ground floor as well as, the first floor is occupied by the tenant. The tenant alleged that on 13th April, 1981 the landlords broke open the lock of the door of the first floor and threw the articles out and occupied the first floor. At that time the tenant was not in the house. When the tenant tried to enter the first floor, the landlords threatened him with dire consequences. The tenant moved an application under Section 145 of the Criminal P. C. After recording preliminary evidence, the Sub-Divisional Magistrate passed a preliminary order in terms of Section 145 of the Code and called upon the landlords to show cause as to why they should not be restrained from (sic) the land in dispute and put in written statement of their claim. The landlords filed a reply to the notice on 28th May, 1981. 24th June, 1981 was fixed for recording the evidence. Since the Presiding Officer was on tour on that day, the matter was adjourned to 25th June, 1981, for proper orders. On that date the matter was adjourned to 9th July, 1981. On 9th July, 1981 since the witnesses were not present, it was adjourned to 5th August, 1981. By that time the records had been summoned by the Sessions Judge and no worthwhile progress could be made.

3. During the pendency of these proceedings the tenant moved an application under Section 146 of the Code. It was prayed that the landlords were trying to dismantle the roof of the first floor which was objected to by the tenant. It was thus prayed that the property be attached since it was a case of emergency. This application was made on 2nd June, 1981. The Magistrate without passing any order kept it for consideration for 5th June, 1981. On that day the presiding officer being on tour, the matter was adjourned for 6th June, 1981. Then 9th June, 1981 was fixed for the evidence of the applicant. The matter was thereafter adjourned for 11th, 12th, 15th, 18th, 22nd, 24th and 25th June, 1981. It was on 27th June, 1981 that the order of attachment was passed. Against this order one of the landlords filed a revision before the Sessions Judge who dismissed the same.

4. A preliminary objection has been raised that the present revision being a second revision is barred under S.397 (3) of the Criminal P. C. Mr. Sharma, learned counsel for the petitioners, submits that the present revision petition be treated as one under Section 482 of the Code and Article 227 of the Constitution. Mr. Mandhotra, learned counsel for the tenant, submits that petition under Section 482 of the Code is not maintainable. He cites a Division Bench judgment of Orissa High Court in Deena Nath Acharya v. Daitari Charan Patra, 1975 Cri. LJ 1931. This Bench held that the inherent powers of the High Court under Section 482 cannot be invoked in a case which would be in conflict with any specific provision of the Code such as Section 399 (3) which makes the decision of the Sessions Judge final.

5. I am afraid I cannot agree with the aforementioned Division Bench decision of Orissa High Court. Inherent jurisdiction of the High Court under S.482 of the Code is to be exercised wherever there is an abuse of the process of any court or otherwise to secure the ends of justice. This power of the High Court is unfettered. The Section itself specifies. "Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice." This section obviously overrides other provisions of the Code. Moreover, the revis