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2011 Supreme(All) 2791

AMAR SARAN, A.P.SAHI, SURENDRA SINGH
MUNNA SINGH @ SHIVAJI SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
R.C. Yadav for the Revisionist; G.A., B.N. Rai and N.K. Rai for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—Chronic disputes relating to immovable property involving claims to lawful possession, founded on complicated facts seeking legal review, often give rise to an apprehension of breach of peace that leads to initiation of steps for maintaining law and order, and preventing unwarranted situations, calling upon the authorities empowered under the Criminal Procedure Code to take action for attachment and pass orders under the provisions of Sections 145(1) and 146(1) of the Code. Such orders that may affect the rights of the parties, whether can be subject matter of a revision under sub-section (2) of Section 397 of the Code, is the main issue of reference before this Full Bench.

2. To be precise, it would be appropriate to gainfully reproduce the issue framed by the learned Single Judge after having noted the decisions relied upon by either of the parties which is as follows :

“Whether the orders passed by the Magistrate under Sections 145(1) and 146(1) of the Code are interlocutory orders simplicitor and no revision petition under Section 397 or 403 of the Code or petition under Section 482 of the Code is maintainable against the same.”

3. The learned Single





































































































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