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1991 Supreme(P&H) 523

S.S.RATHOR
Joginder Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. In this petition u/S. 482 0f the Code of Criminal Procedure, the impugned order placing the land in dispute under attachment during the pendency of the proceedings under S. 145, Cr. P.C. passed by the Executive Magistrate, Sangrur, is sought to be quashed. Of course, in this petition, it has been alleged that inview of civil litigation and ad interim stay passed by the civil Court, initiation of proceedings under S.145, Cr. P. C. is not warranted by law. But in this petition, no prayer has been made to seek quashing of notice under S.145 (1) of the Code.

2. While opening arguments, Mr. Ajay Pal Singh has stated that issuance of notice under S. 145(1), Cr. P.C. and resultant proceedings u/S. 145, Cr. P.C. are revisable against which he did not file any revision before the Court of Sessions Judge, Sangrur. He made it clear that his client had filed a revision before the Court below only against the attachment order dated 20-6-1990 passed under S.146(1), Cr. P.C. annexed as Annexure P1 with this petition. That revision was got dismissed as withdrawn vide order dated 29-10-1990 (Annexure R-6) being incompetent as an order of attachment under S.146(1), Cr. P.C. is an interloc








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