Court No. - 86

Case :- CRIMINAL REVISION No. - 3380 of 2013

Revisionist :- Rajabali And 4 Others

Opposite Party :- State Of U.P. And 2 Others

Counsel for Revisionist :- Raghavendra Dwivedi,C.P. Garg

Counsel for Opposite Party :- Govt. Advocate,Raj Karan Yadav

Hon'ble Gautam Chowdhary,J.

Case called out in the revised list.

No one appears on behalf of revisionists. However, learned A.G.A. and learned

counsel for the opposite party no.3 are present.

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

judgement and order dated 07.11.2013 passed by Sub Divisional magistrate,

Baberu, District Banda in Case no. 42 of 2012 (Satyadev Vs. Rajabali and

others), under Sections 145 (1) and 145 (8) Cr.P.C., PS Kamasin, District

Banda.

From perusal of the record and order passed by the Sub Divisional Magistrate

concerned it appears that the Magistrate concerned has passed the order on

07.11.2013 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 revisionists are not satisfied with the same, they 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can be withdrawn by the Magistrate itself after having full satisfaction.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 revision is disposed of.

Order Date :- 21.4.2022/AKT

Digitally signed by ASHOK KUMAR

TRIPATHI

Date: 2022.04.26 11:21:53 IST

Reason:

Location: High Court of Judicature at

Allahabad