ALOK KUMAR BASU, J.

( 1 ) HEARD Sri G. N. Chandra, learned counsel for the applicants and Shri Rajesh Tandon, learned counsel for the opposite parties.

( 2 ) THE short question involved in this petition under S. 482, Cr. P. C. is as to whether the attachment order dated 2-8-88 passed by S. D. M. , Duddhi, Mirzapur (now district, Sonbhadra) should be given effect to or not.

( 3 ) IT is undisputed that the concerning immovable property, a preliminary order was passed by the S. D. M. concerned on 11-3-1988. There was some police report dated 23-7-88 which was acted upon by the Magistrate in the sense that he proceeded to pass attachment order impugned in this application.

( 4 ) THE further undisputed facts are that when the attention of the Magistrate was drawn to the fact that right from March to August, he had not passed an order under Section 146, Cr. P. C. and had thought proper to hear the applicants Jawahar Lal and Rama Shanker in the main proceeding under Section 145 Cr. P. C. , there was no need or justification to pass the attachment order. On this, the Magistrate passed an order on 11-8-88 keeping his attachment order in abeyance. However, the revision filed by Jawahar Lal an

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