AI Overview...
- Orders under Sections 145(1) and 146(1) - Generally considered not revisable as they are not interlocutory orders but affect rights and property, and are therefore deemed final or quasi-final in nature. Several judgments confirm that such orders are not subject to revision under Section 397 of the Cr.P.C. [Sohan Lal Burman
VS State of Uttar Pradesh -
Allahabad](https://supremetoday.ai/doc/judgement/02500038482), MUNNA SINGH @ SHIVAJI SINGH VS STATE OF U. P. - Allahabad, Harish VS State - Allahabad.
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Revisions and Proceedings - Despite being non-revisable, proceedings initiated under these sections can be quashed if found to be composite or irregular, especially if the order was not in strict accordance with procedural requirements. Courts have held that proceedings under Sections 145 and 146 can be quashed if they are found to be improper or if the order is a composite one affecting rights beyond the scope of the initial order Harish VS State - Allahabad, Harish VS State - Allahabad.
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Nature of Orders - An order under Section 146(1), such as attachment, is typically not interlocutory and hence not revisable. However, the proceedings or the order itself can be challenged if they are found to be irregular or if the order was passed without proper jurisdiction. The distinction between an order in rem and in personam is crucial; Section 145(1) orders are binding only on parties to the dispute and not in rem KALLOO VS STATE OF UTTAR PRADESH - Allahabad, BAPPUTTY VS KAYYU - Kerala, MAAN BABU DUBEY VS STATE OF UTTAR PRADESH - Allahabad.
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Composite Orders and Finality - Courts have clarified that a composite order combining preliminary and attachment orders does not become functus officio upon passing under Section 146(1), and such orders can be challenged or quashed if procedural irregularities are established VARKEY VS STATE OF KERALA - Kerala.
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Legal Interpretations - The interpretation of Sections 145 and 146(1) has been discussed extensively, emphasizing that while the initial attachment order is not revisable, the proceedings or the order can be challenged on grounds of irregularity or jurisdiction. The orders are primarily in rem but are limited in scope, affecting only the parties involved BAPPUTTY VS KAYYU - Kerala, Joginder Singh VS State Of Punjab - Punjab and Haryana.
Analysis and Conclusion:
Orders passed under Sections 145(1) and 146(1) of the Cr.P.C. are generally not revisable as they are considered final or quasi-final, affecting rights in rem. However, proceedings or composite orders can be challenged or quashed if procedural irregularities or jurisdictional errors are established. The courts have consistently held that such orders are binding only on the parties involved and are not interlocutory, thus not subject to revision under Section 397. The key point is that while the orders themselves are not revisable, the proceedings can be scrutinized and quashed if irregularities are demonstrated.
Search Results for "Order of 145 1 and 146 1 is Not Revisable"
1977 0 Supreme(All) 63 • India - Allahabad
C.S.P.SINGH, B.N.SAPRU
- REVISABLE - NOT INTERLOCUTORY ORDERS. ... Issues: Whether the orders passed under Sections 145(1) and 146(1) are revisable under Section 397 of the Cr. P. C. ... CRIMINAL PROCEDURE CODE - SECTIONS 145, 146 - REVISION - ORDER UNDER SECTION 145(1) AND ATTACHMENT ORDER UNDER SECTION 146(1) ... ... ( 4 ) BOTH the orders passed....
1997 0 Supreme(All) 566 • India - Allahabad
D.C.SRIVASTAVA
Whether an order of attachment under Section 146 (1), Cr. P. C., is an interlocutory order and not revisable? 2. ... C., is an interlocutory order and not revisable. 2. ... C., is an interlocutory order and not revisable. 2. ... Revision has been preferred against this order on the ground that the order under Section 146 (#HL_....
2011 0 Supreme(All) 2791 • India - Allahabad
AMAR SARAN, A.P.SAHI, SURENDRA SINGH
particular case—Held, orders passed under Sections 145(1) and 146(1) of code are not in every circumstance, order simplicitor—Therefore ... — Authorities empowered to take action for attachment and pass orders under Sections 145(1) and 146(1) of code—Such order affects ... (A) Criminal Procedure Code, 1973—Sections 145(1), 146(1#HL_EN....
2006 0 Supreme(All) 1300 • India - Allahabad
R.K.RASTOGI
Criminal Procedure Code, 1973—Sections 397, 145(1) and 146(1)—Revision—Against order directing parties to appear in Court as there ... —Legality of—Orders passed by Magistrate under Sections 145(1) and 146(1), Cr. ... of civil litigation—Impugned order passed in revision set aside—Order passed by Magistrate restored. ... That order was challenged before this Court on the ground t....
2006 0 Supreme(All) 1283 • India - Allahabad
R.K.RASTOGI
Revision - Criminal Proceedings - 145, 146 Cr. P. ... The Magistrate passed preliminary orders under sections 145 and 146 Cr. P. C. Smt. ... Final Decision: The revision was allowed, the order passed by the Sessions Judge was set aside, and the order passed by the ... That order was challenged before this Court on the ground that the orders under sections 145 (1) and 146 ( 1) Cr. P. C. being inte....
1983 0 Supreme(All) 202 • India - Allahabad
N.N.SHARMA
Issues: Whether the order of attachment under Section 146 (1) of the Code of Criminal Procedure was revisable? ... The order of attachment was not revisable, but the proceedings were liable to be quashed as it was a composite order. ... Finding of the Court: The order of attachment was not revisable, but the proceedings were liable to be quashed as it ... It was conceded before me on behalf of ....
1983 0 Supreme(All) 198 • India - Allahabad
N.N.SHARMA
Finding of the Court: The order of attachment was not revisable, but the proceedings were liable to be quashed as it ... Harish, through his Mukhtar-a-am, applied for action under sections 145/146 (1) of the Code of Criminal Procedure about the said ... CRIMINAL PROCEDURE CODE - SECTION 145 - ORDER UNDER SECTION 145 (6) - NOT AN ORDER IN REM - BINDING ONLY ON PARTIES TO THE DISPUTE ... It was co....
1978 0 Supreme(Ker) 127 • India - Kerala
V.P.GOPALAN NAMBIYAR, M.P.MENON
an order under S.146(1). ... The Magistrate does not become functus officio on passing an order under S.146(1). ... The Magistrate does not become functus officio on passing an order under S.146(1). ... Wilson (1977 KLT. 871), the question was whether a composite order passed by the Magistrate, combining a preliminary order under S.145(#HL_STAR....
1991 0 Supreme(P&H) 523 • India - Punjab and Haryana
S.S.RATHOR
P.C. - S. 145, 146 - The court discussed the legality and impropriety of the attachment order under S. 146(1), Cr. P.C. ... S. 482 - Quashing of attachment order under S. 145, Cr. P.C. - S. 146(1), Cr. P.C. - S. 107/151, Cr. ... Subsequently, the respondent initiated proceedings under S.145, Cr. P.C. and obtained an attachment order under S. 146(1), Cr. ... P.C.....
1978 0 Supreme(Ker) 161 • India - Kerala
GEORGE VADAKKEL, T.CHANDRASEKHARA MENON
S.145(1) - Jurisdiction - S.146(1) - Interpretation - S.145(4) - S.145(5) - S.145(6) - S.146(2) - S.397(1) - S.397(2] - The court ... discussed the interpretation of S.146(1) of the Code of Criminal Procedure, 1973 and the proceedings under S.145 and S.146. ... Fact of the Case: A preliminary order under S.145(1#HL....
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