S.K.AGARWAL
RAM LACHHAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) THIS revision has been preferred against an order allowing the revision preferred by Shanker against the order of the learned Magistrate dated 23-9-1989.
( 2 ) BY the aforesaid order dated 23-9-1989 the order passed by the predecessor of the present Magistrate dated 19-12-1988 was directed to be sent for compliance to the concerned police.
( 3 ) THE order dated 19-12-1988 was for the attachment of the disputed house under Section 146 (1) by the S. H. O. , P. S. Salempur. The lower revisional Court, in my opinion, has not committed any error in remanding the case back to the concerned Court to deal with it in accordance with law. The orders dated 19-12-1988 and 23-9-1989 both were quashed by it. On the basis of a report submitted by P. S. Salempur dated 16-9-1988 to the effect that a dispute, giving rise to the apprehension of breach of peace, is going on between the rival parties in connection with the residential house and the house, in the circumstances, should be attached. This order for attachment of the house was passed on 19-12-1988. The property, after attachment, was directed to be handed over in custodia legis to any reliable person. The respondent,
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