JUDGMENT :

AJIT KUMAR, J.

1. Heard Shri Rahul Sahai, learned counsel for the applicant, Shri S.K. Verma, learned Senior Advocate assisted by Shri Bipin Lal Srivastava, learned counsel for opposite party no. 2, learned Additional Government Advocate for the State and perused the records.

2. This application U/s 482 Cr.P.C. is directed against the order dated 06.02.2019, whereby, the Session Judge, Badaun has set aside the order of attachment dated 13.11.2018 passed in exercise of power under Section 146(1) Cr.P.C. in a proceeding instituted by present applicant under Section 145 Cr.P.C. while issuing notice under sub-section (1).

3. The argument raised on behalf of the applicant is that while the attachment order was passed it was of necessity in view of report submitted by police and therefore, there was no occasion for the court to enter into the controversy and more so when the revision petition itself was not maintainable against the order passed under Section 146(1) Cr.P.C.

4. Per contra the argument advanced by learned Additional Government Advocate is that there was no occasion for the learned Magistrate to have passed the order under Section 146(1) Cr.P.C. for attachment of the p