Court No. - 85

Case :- MATTERS UNDER ARTICLE 227 No. - 7645 of 2022

Petitioner :- Devendra Pal Singh

Respondent :- State Of U P And 4 Others

Counsel for Petitioner :- Anshu Chaudhary,Shivangi Singh

Counsel for Respondent :- G.A.,Ravi Prakash Srivastava

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the petitioner, Sri Ravi Prakash Srivastava, learned

counsel for the opposite party no.2, learned A.G.A. for the State and perused the

record.

The present petition has been filed under Article 227 of the Constitution of India

with a prayer to set aside the impugned order dated 11.08.2022 passed by

Revisional Court/ Addl. District and Sessions Jude/FTC Agra in Criminal

Revision No. 236 of 2022 (Devendra Pal Singh Vs. State of UP. and others)as

well as order dated 17.05.2022 passed by City Magistrate, (IIIrd) Agra in Case

No. 000191 of 2019 (State Vs. Deepak Sahi and others) under Sections 145, 146

(1) Cr.P.C. Police Station Shahganj, District Agra.

It is contended by learned counsel for the petitioner that on an application u/s

145 Cr.P.C. the proceedings under Section 145, 146 Cr.P.C. has been initiated by

the learned Magistrate against which revision was filed but the revisional Court

affirmed the order passed by the learned Magistrate and therefore, the impugned

orders are illegal and is liable to be set aside by this Court.

From perusal of the record and order passed by the Magistrate concerned it

appears that the Magistrate concerned has passed the order on 17.05.2022 for

attaching the property in dispute under section 146 Cr.P.C. which is quoted

below:

"146. Power to attach subject of dispute and to appoint receiver.-(1) If

the Magistrate at any time after making the order under sub-section

(1) of section 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 section 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."

However, in case the petitioner is not satisfied with the same, he may move an

application before the Magistrate concerned for revocable of the same, as

Section 146 Cr.P.C. itself provides that any order under Section 146(1) Cr.P.C.

can be withdrawn by the Magistrate itself after having full satisfaction. In case

such an application is moved, the same shall be heard and disposed of

expeditiously by the Magistrate concerned.

With this observation, this petition is disposed of.

Order Date :- 9.9.2022

S.Ali

Digitally signed by SHAUKAT ALI

Date: 2022.09.13 17:44:04 IST

Reason:

Location: High Court of

Judicature at Allahabad