C. S. P. SINGH, J. ( 1 ) THE petitioner has by this petition challenged an order Under Section 145 Cr. P. C. as also an order of attachment Under Section 146 (1) of the same code. A preliminary objection has been raised by the respondent that the petition abated in view of Section 58 of the Constitution 42nd (Amendment) Act. 1976.

( 2 ) SECTION 58 (1) of the Constitution 42nd (Amendment) Act provides that pending petitions and interim orders made thereon should be dealt with in accordance with the Provisions of Article 226 as substituted by Section 38 of the Amending Act. Sub-section (2) provides that petitions which would not have been admitted by the High Court under the provisions of Article 226 as substituted by Section 38 aforesaid, shall abate and any interim order made thereon shall stand vacated. Article 226 (3) of the Constitution as now stands, bars a petition for redress of any injury referred to in Sub-clause (b) and (c) of Clause (1) of Article 226, if any other remedy for such redress is provided by or under any other law. Respondents counsels contention is that the orders passed by the Executive Magistrate are revisable Under Section 397 of the Cri. P. C.

( 3 ) RELEV

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