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1976 Supreme(All) 252

P.N.BAKSHI
Syed Ahmad – Appellant
Versus
Rais Ahmed – Respondent


P. N. BAKSHI, J.

( 1 ) THE petitioners filed an application under Section 145 Cr. P. C. with respect to immovable property. The learned Magistrate being satisfied that there was an apprehension of the breach of peace, passed a preliminary order on 24th March, 1976. Considering the case one of emergency, Me also directed attachment of the property. Aggrieved by this order a revision was filed by the opposite parties before the Sessions Judge, Hamirpur. This revision was dismissed on 30th April, 1976. Thereafter none of the parties approached this Court, with the result that the order dated 24th March, 1976 became final between the parties. It appears from a perusal of Annexure 5 that on 15th May, 1976 the Sub-Divisional Magistrate, Mahoba directed the opposite parties to file their written statement and to produce evidence in support of their respective claim by 21st May 1976. Aggrieved by this order the instant application under Section 482 Cr. P. C. was filed in this Court.

( 2 ) IT may be mentioned at this stage that the crops which constituted the subject- matter of the dispute were in the custody of the Receiver appointed by the civil court. These crops have been sold and the a














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