Court No. - 86

Case :- CRIMINAL REVISION No. - 3283 of 2013

Revisionist :- Sukhveer Singh

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- M.A. Khan

Counsel for Opposite Party :- Govt. Advocate,Bhuvnesh

Kumar Singh

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the revisionist, Sri Bhuvnesh Kumar

Singh, learned counsel for the opposite party no. 2, learned

A.G.A. for the State and perused the record.

The present criminal revision has been filed with a prayer to set

aside the impugned judgement and order dated 01.10.2013

passed by Additional District Judge, Court No. 6, Bijnor and

confirm the order dated 12.10.2012 passed by Sub-Divisional

Magistrate, Chandpur under Section 145 Cr.P.C.

It is contended by learned counsel for the revisionist that while

passing the impugned order dated 01.10.2013, the Additional

District Judge has not considered the documentary evidence nor

perused the stay order of the civil Court and without applying

his mind set aside the order dated 12.10.2012 passed by SDM,

Chandpur.

I have perused both the orders dated 01.10.2013 and 12.10.2012

passed by Courts below.

There is no illegality in the order dated 12.10.2012 passed by

Sub-Divisional Magistrate, Chandpur, the same is hereby

confirmed and the order dated 01.10.2013 passed by the

Additional District Judge, Court No. 6, Bijnor is hereby

quashed.

Section 146 Cr.P.C. is hereby quoted below for ready reference:

"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 revisionist 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 these observations, this revision is disposed of.

Order Date :- 21.4.2022

AKT

Digitally signed by ASHOK KUMAR

TRIPATHI

Date: 2022.04.26 11:42:52 IST

Reason:

Location: High Court of Judicature at

Allahabad