(1) These three revisions petitions raise a common question of law as regards the interpretation of Section 435 (a) (4) of the Code of Criminal Procedure as amended by Act. No. XXXVII of 1978.

(2) In Criminal revision No. 28 of 1979, Brij Lal Chakoo Versus Abdul Ahad Nishati, the court of the City Magistrate Srinagar, has initiated proceedings under Section 145 Cr. P. C. in respect of one single storeyed house with attic and land measuring six kanals appurtenant thereto situate at Gupt Ganga, Nishat Srinagar, and after drawing up the preliminary order as envisaged by Section 145 (1) of Cr. P. C. has also proceeded to attach the subject matter of the dispute under proviso to section 145 (4) Cr. P. C. In the revision before us the petitioner has challenged the legality of the order of the Magistrate both under Section 145 (1) and proviso to Section 145 (4) Cr. P. C. In the other two cases namely revision Nos. 34 and 41 of 1979, viz Rehman Malik and ors Versus Gh. Nabi Mir and Ahad Sheikh Versus Mehda Sheikh and ors, the courts of the Tehsildar Executive Magistrate Ganderbal and the Tehsildar Executive Magistrate Sonawari, respectively have attached the properties under proviso to Se

Click Here to Read the rest of this document