Dismissed

Rakesh Kumar v. State of U.P. and Another

Allahabad HC19 Apr 2022A482/8625/2022

Case brief

AI extract

What is this about?

In this criminal revision application under Section 482 Cr.P.C. challenging an order attaching disputed property under Section 146 Cr.P.C., the Allahabad High Court, after hearing both sides, found no legal infirmity in the lower court order and refused the prayer for quashing.

What did the court decide?

Prayer for quashing of the attachment order was refused; single judge application disposed of.

Rakesh Kumar Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 8625 of 2022

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Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 17.,12.2021 passed by learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia in Criminal Revision No. 141 of 2019 Mera Singh Vs. State of U.P.) whereby revision has been dismissed.

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After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the order impugned as well averments made in the present application, this Court is of the opinion, that learned counsel for the applicant could not point out any legal infirmity in the order impugned which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction.

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Accordingly, the prayer for quashing the impugned order is refused.

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From perusal of the record and order passed by the Magistrate concerned it appears that the Magistrate concerned has passed the order on for attaching the property in dispute under section 146 Cr.P.C. which is quoted below:

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"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:

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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

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of breach of the peace with regard to the subject of dispute."

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However, in case the applicant is 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.

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With this observation, this application is disposed of.

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Order Date :- 19.4.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.04.20 16:53:20 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh Kumar v. State of U.P. and Another

Case brief

What is this about?

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Rakesh Kumar v. State of U.P. and Another

Case brief

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