Court No. - 77

Case :- MATTERS UNDER ARTICLE 227 No. - 6744 of 2021

Petitioner :- Munshi Pal And Another

Respondent :- State of U.P. and Another

Counsel for Petitioner :- Manvendra Nath Singh,Sr. Advocate

Counsel for Respondent :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the petitioners, 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 6.7.2021 passed by Revisional Court/ Addl.

Sessions Jude/ Special Judge (anti Corruption Act), Court No.

4,Varanasi passed in Criminal Revision No. 65 of 2018 (Munshi

Pal Vs. State of UP. and another) and judgement and order

dated 7.12.2017 and 3.12.2016 passed by Sub Divisional

magistrate, Sadar, District Varanasi in Case no. 38 of 2015

(Dharma Devi Vs. Munshi Pal and others) arising out of

proceedings under section 146(1) Cr.P.C.

It is contended by learned counsel for the petitioners that on the

application u/s 145 Cr.P.C. filed by petitioners has been rejected

by Sub-Divisional Magistrate, Sadar, Varanasi vide order dated

7.12.2017. Against the aforesaid order the petitioners filed a

criminal revision No. 65 of 2018 before the District & Sessions

Judge, Varanasi and learned Judge has also affirmed the order

dated 6.7.2021 of S.D.M. Varanasi.

From perusal of the record and order passed by the Magistrate

concerned it appears that the Magistrate concerned has passed

the order on 6.7.2021 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 applicants 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 application is disposed of.

Order Date :- 25.11.2021

RPD