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1985 Supreme(All) 131

M.WAHAJUDDIN
Ved Ram – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
V.K. Goel, S.A. Shah

JUDGMENT

M. Wahajuddin, J.

1. The present petition has been preferred with a prayer for quashing the proceeding under Section 145 CrPC in case No. 7/11 of 1984 and also the order dated 19-4-1984 of the Magistrate attaching the property under Section 146 (1) CrPC. Curiously enough while the matter also went in revision directed against the order under, Section 146 (1) CrPC there is no prayer concerning the judgment of the revisional court though the revision was dismissed. There is no prayer for quashing the order in revision. It may be also mentioned that against the preliminary order also there was a revision and a certified copy of the judgment and order of the revisional Court dated 5-9-1984 is also on record and there is no prayer for quashing the same. I may first consider whether the main proceeding under Section 145 CrPC can be quashed. This prayer was made in the petition. The arguments were, however confined to the merits of the later order under Section 1416 (1) CrPC. The preliminary order passed by the Magistrate is dated 8-2-1984, Annexure 5. A perusal of the same would show that the Magistrate recorded his satisfaction regarding apprehension of breach of peace, centerin




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