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1981 Supreme(All) 176

H.N.SETH, R.B.LAL
INDRA DEO PANDEY – Appellant
Versus
BHAGWAT – Respondent


H. N. SETH, J.

On January 5, 1979, during pendency of proceedings initiated under Section 145 of the Code of Criminal Procedure, sub-Divisional Magistrate Mohammadbad, district Ghazipur passed an order under Section 146 (1) of the Code of Criminal Procedure, directing that the plots in respect of which there existed a dispute causing apprehension of breach of peace be attached and that the order dated October 28, 1978 directing attachment of crop standing thereon and for its being kept in custody of a Supurdar, be maintained. Aggrieved, the applicant invoked revisional jurisdiction of Sessions Judge, Ghazipur. The III Additional Sessions Judge, Ghazipur, who eventually heard the revision application, relied upon a decision of a Single Judge of this Court in the case of Smt. Prem Lata v. Ram Lubhaya (1978 A. C. C. 336) and held that as the order in question was an interlocutory order his revisional jurisdiction was as laid down in Sector. 397 (2) of the Code, barred. In the result he, vide his order dated February 28, 1980 dismissed the revisional application filed by the applicant. The applicant then filed the present application under Section 482 of the Code of Criminal Procedure












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