Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Sanjay Dhar, J
Sheikh Showkat – Appellant
Versus
Ghulam Jeelani Chesti – Respondent
ORDER(ORAL)
JUSTICE SANJAY DHAR, JUDGE
1) The petitioner has challenged orders dated 11.09.2024, 01.06.2023 and 15.07.2023 passed by learned Judicial Magistrate 1st Class (Sub Registrar), Srinagar. Vide order dated 11.09.2024, the learned trial Magistrate has, while dealing with the objections of the petitioner in terms of Section 84 of the Cr. P. C, directed the Deputy Commissioner concerned to provide status report regarding orders dated 01.06.2023 and 15.06.2023 and the said Authority has been asked to implement these orders and file compliance report. Vide order dated 01.06.2023, the Deputy Commissioner, Srinagar, has been directed to attach the whole or any part of the immovable property as well movable property of accused Sheikh Ghulam Qadir, respondent No.2 herein, and to seize bank accounts of the said accused in the name of Firdous Educational Institute, Zakura, Srinagar, maintained with J&K Bank, Branch Habak Srinagar, and J&K Bank, Branch Malabagh Srinagar. Vide order dated 15.07.2023, opinion has been framed by the learned trial Magistrate that only upon receipt of compliance report from the Deputy Commissioner, conclusion about ownership of the bank account, can be drawn
Objections to property attachment under Section 84 of the Cr. P. C can be raised prior to attachment, and the court must address them without delay.
Court must comply with mandatory requirements of law when issuing orders under Sections 82 and 83 of the Cr.P.C., or such orders will be quashed.
Point of Law : Section 83 provides for an order of attachment of any property, movable or immovable belonging to proclaimed person being issued.
Attachment before judgment requires strict compliance with procedural mandates; failure to do so renders the order unsustainable.
Property attachment should be lifted when the party complies with the law and does not evade the judicial process.
The judgment establishes the importance of adhering to the procedural requirements of Sections 145(1) and 146(1) of the Cr.P.C., emphasizing the need for separate orders and the Executive Magistrate'....
Attachment must comply with jurisdictional rules; absence qualifies as an irregularity, not an automatic nullity unless substantial injury is proven.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
