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1983 Supreme(P&H) 532

K.S.TIWANA, S.S.SANDHAWALIA
Kartar Singh – Appellant
Versus
Pritam Kaur – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Is the order of attachment of immovable property under Sec.146 (1) of the Code of Criminal Procedure, 1973, interlocutory in nature within the meaning of S.397 (2) of the said Code ? This is the significant question necessitating this reference to the Division Bench. Equally, at issue is a supposed discordance of single Bench views within this Court in Bhawan Pal V/s. Prem Kumar Jain, 1982 Chand LR (Cri) 121 and Shishu V/s. State of Haryana, 1982 Cri LJ 124.

2. The matrix of facts may be taken from Crl.Misc. No.2683-M of 1982 (Kartar Singh V/s. Pritam Kaur). Proceedings under Section 145 of the Cr.P.C, 1973 (herein after called the Code), were initiated by the Station House Officer of Sadar Police Station, Muktsar, in the Court of the Executive Magistrate Faridkot. After notice to the parties and giving a hearing to them, the learned Magistrate had attached the agricultural property in dispute and appointed the Tehsildar. Muktsar as the Receiver thereof till further orders from the Court. Against the said order, Kartar Singh and others preferred a revision in the Court of Session at Faridkot, seeking the setting aside of this order and the interim rel

























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