A petition abates under S.58 of the Constitution 42nd Amendment Act when an alternative remedy is available, permitting a revision under S.397(1) Cr.P.C.

1. The petitioner has by this petition challenged an order under S.145 C r. P. . as also an order of attachment under S.146 (1) of the same code. A preliminary objection has been raised by the respondent that the petition abated in view of S. 58 of the onstitution 42nd (Amendment) Act. 1976.

2. S.58 (1) of the C onstitution 42nd (Amendment) Act provides that pending petitions and interim orders made thereon should be dealt with in accordance with the Provisions of Art.226 as substituted by S.38 of the Amending Act. Sub-s.(2) provides that petitions which would not have been admitted by the High ourt under the provisions of Art. 226 as substituted by S.38 aforesaid, shall abate and any interim order made thereon shall stand vacated. Art.226 (3) of the onstitution as now stands, bars a petition for redress of any injury referred to in sub-cls, (b) and (c) of l. (1) of Art.226, if any other remedy for such redress is provided by or under any other law. Respondent's counsel's contention is that the orders passed by the Executive Magistrate are revisable under S.397 of the ri. P. .

3. Relevant part of S.397 (1) and (2) C r. P. . runs as under:
"397. alling for records to exercise powers of revision. The High ourt or any Sessions Judge may call for and examine the record of any proceeding before any inferior riminal ourt situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior ourt and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation. - All Magistrates, whether Executive or judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of S.398.
(2) The powers of revision conferred by sub-s.(1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding."

4. Both the orders passed under S.145 (1) and 146 (1) being that of inferior criminal court situate within the jurisdiction of the Sessions Judge and this court are, on the plain meaning of S.397 (1) revisable. It has, however, been urged that the order passed under S.145 (1) and the attachment order under S.146 (1) are interlocutory orders and, as such, no rerevision lies in view of sub--cl. (2) of S.397. In order to consider this contention it is necessary to refer to S.146 (1) of the Code which may be conveniently extracted at this stage.
"146. Power to attach subject of dispute and to appoint receiver - (1) If the Magistrate at any lime after making the order under sub-s. (1) of S.145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in S.145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute he may attach the subject of dispute until a competent court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute."

5. A perusal of this provision leads plainly to the result that on any of the three contingencies existing, viz. (1) in cases of emergency; (2) when the Magistrate reaches the decision that none of the part