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1995 Supreme(All) 1027

S.K.JAIN
BHRIGUNATH, SON OF SUMER – Appellant
Versus
PARMESHWAR, SON OF KUMAR – Respondent


Advocates Appeared:
D.N.Dubey, R.A.Tripathi, S.D.SINGH, S.K.VERMA

S. K. JAIN, J.

( 1 ) AT the instance of Bhrigu Nath a preliminary order under Section 145 Cr. P. C. was passed by the Sub-Divisional Magistrate, Saidpur, Ghazipur on 14-9-92. An application for attachment of property was moved. The opposite party No. 1 Parmeshwar challenged the jurisdiction of the Court to proceed under Section 145 Cr. P. C. on the ground of he was in joint possession of Chak Nos. 105 and 301. This contention having been rejected by the Sub-Divisional Magistrate, opposite party No. 1 Parmeshwar filed a Criminal Revision No. 7/93, which was dismissed on 7-9-94, which order was challenged in writ petition. On 29-10-94 the Sub-Divisional Magistrate directed the attachment of property. This order was challenged in Criminal Revision No. 269 of 1994, before the learned Session Judge, Ghazipur. The learned Sessions Judge found that the learned Sub-Divisional Magistrate having not recorded finding that the case was one of emergency, had not applied his mind and decided the application for attachment mechanically and therefore, the impugned order stood vitiated. Consequently he allowed the revision. It is that order of 17/12/1994, passed by the learned Sessions Judge, Ghazip













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