Dismissed

Anil Kumar Agarwal and Others v. State of U.P. and Others

Allahabad HC3 May 2018CRLR/3388/2009

Case brief

AI extract

What is this about?

This revision against an attachment order under Section 146 Cr.P.C. was dismissed. The court held that the possibility of breach of peace still existed and directed the revisionist to apply for withdrawal of attachment to the Magistrate.

What did the court decide?

Released the revision; directed Revisionist to apply before Magistrate for withdrawal of attachment.

Anil Kumar Agarwal and Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 28

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Case :- CRIMINAL REVISION No. - 3388 of 2009 Revisionist :- Anil Kumar Agarwal & Others Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- Manish Goyal,G.S.Chaturvdi Counsel for Opposite Party :- Govt. Advocate,Rajendra Singh,S.Shekher

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the parties.

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This revision has been preferred against the order dated 07.08.2009 passed by Additional City Magistrate-I, Agra in Case No. 9 of 2009 under Section 146 Cr.P.C., Police Station - Hari Parwat District - Agra, whereby the impugned property was attached under Section 146(1) Cr.P.C.

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Learned counsel for the revisionist admitted this fact that at the time of attachment, there was dispute about the possession of the property. Maharaja Vishvendra Singh, who was claiming the ownership of the property, had filed Original Suit No. 1232 of 2008 before Civil Judge, Senior Division, Agra and he has withdrawn the suit on the ground that he has no right and title of the impugned property. As such, at the present time, there is no dispute between the parties. Therefore, attachment should be withdrawn.

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Per contra, learned A.G.A. contended that there is no illegality or infirmity in the impugned order passed by the court below.

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The impugned order dated 07.08.2009 has been passed on ground of likelihood of breach of peace with regard to the disputed property. As per proviso of Section 146(1) Cr.P.C. :

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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.

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In view of above, the revisionist may apply before learned Magistrate to withdraw the order of attachment. Thereafter, learned Magistrate shall pass appropriate order on the application of the revisionist, in accordance with law.

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Accordingly, the instant revision is dismissed .

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Order Date :- 3.5.2018 I. Batabyal

Anil Kumar Agarwal and Others v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Anil Kumar Agarwal and Others v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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