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1997 Supreme(All) 566

D.C.SRIVASTAVA
KALLOO – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Kamlesh Kumar, P.N.TRIPATHI

D. C. SRIVASTAVA, J.

( 1 ) THE above criminal revision and the writ petition have been filed challenging the order dated 10-4-1997 of Additional Sessions Judge III, Jaunpur hence both are proposed to be disposed of by a common judgment.

( 2 ) THE facts essential for disposal of these two cases are that on police report, proceedings under Section 145, Cr. P. C. were initiated and preliminary order was passed on 24-1-1997. The second party Shiv Nayak moved an application for attachment of the house and shop under Section 146 (1), Cr. P. C. on 4-2-1997, this application was allowed and attachment under Section 146 (1), Cr. P. C. was ordered. Revision was preferred against the order dated 4-2-1997 which was an order under Section 146 (1), Cr. P. C. This revision was partly allowed and partly rejected under the impugned order dated 10-4-1997. The direction has been that attachment of northern and southern shop shall be released and the attachment of remaining property shall remain in force. Revision has been preferred against this order on the ground that the order under Section 146 (1), Cr. P. C. is interlocutory order hence not revisable and the revision is incompetent hence the impugn























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