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2006 Supreme(All) 2958

VINOD PRASAD
Revati Raman – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
D.K. Tiwari for the Revisionist; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Vinod Prasad, J.— The applicants have filed this revision aggrieved by an order dated 11-10-06 passed by Sub Divisional Magistrate, Handia in Case No. 44 of 2006, Gauri Shanker v. Revati Raman & Ors., under Section 145, Cr.P.C. By the impugned order, the S.D.M. concerned has passed an order under Section 146 (1), Cr.P.C. for attachment.

2. Learned Counsel for the revisionists contended that the Magistrate has committed an illegality by passing the impugned order. He further contended that there was no justification for the trial Court to pass such an order.

3. In my view the order under Section 146 (1), Cr.P.C. is an interlocutory order and revision is not maintainable against such an order being barred by Section 397 (2), Cr.P.C. The order under Section 146 (1), Cr.P.C. is only an enabling provision giving power to the Magistrate concerned during the pendency of the proceeding under Section 145, to attach the property so as to obliterate apprehension, breach of peace during the pendency of 145 proceeding itself. By passing an order under Section 146(1), Cr.P.C. no proceeding is finalized. It is only an interim order which is in the nature of a preventive measure.













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