Remanded

Ahmad Ali and 81 Others v. State of U.P. and 11 Others

Allahabad HC1 Sept 2022CRLR/2418/2022

Case brief

AI extract

What is this about?

A criminal revision against the appointment of a receiver under Section 146(1) Cr.P.C. was disposed of summarily without detailed hearing, noting that any dissatisfied party may approach the Magistrate directly to seek revocation of attachment.

What did the court decide?

Revision disposed of on the observation that an application for revocation of attachment may be moved before the Magistrate.

Ahmad Ali and 81 Others Vs State of U.P. and 11 Others — Partition | Allahabad HC (2022)

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Court No. - 85

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Case :- CRIMINAL REVISION No. - 2418 of 2022

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Revisionist :- Ahmad Ali And 81 Others Opposite Party :- State Of U.P. And 11 Others Counsel for Revisionist :- Vishesh Rajvanshi Counsel for Opposite Party :- G.A.,Hemant Kumar Dubey

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the revisionists, Sri Hemant Kumar Debey, learned A.G.A. for the State and perused the record.

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The present revision has been filed against the order dated 24.5.2022 passed by the O.P. No. 2 in the proceeding initiated under section 145(1) and 146(1) of the Cr.P.C. bearing suit No. 7938 of 2021 (Ajay Dhar Dubey and others Vs. Pramod Singh and others), by which the O.P. No. 2 has appointed the O.P. no. 3 as the receiver of the property in dispute under section 146(1) of C.R.P.C.

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It is contended by learned counsel for the revisionists that on the application u/s 145 (1) an order has been passed by the Magistrate concerned agreeing with the comments dated 28.12.202i of Senior Sub Inspector that both the parties shall appear in person or through his counsel file their affidavit with regard possession of disputed property.

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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 24.05.2022 for attaching the property in dispute under section 146 (1)Cr.P.C. which is quoted below:

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Section 146(1) in The Code Of Criminal Procedure, 1973

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(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.

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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 within a period of two months from the date of production of certified copy of this order by the Magistrate concerned.

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With this observation, this revision is disposed of.

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Order Date :- 1.9.2022/RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.09.02 16:35:01 IST Reason: Location: High Court of Judicature at Allahabad

Ahmad Ali and 81 Others v. State of U.P. and 11 Others

Case brief

What is this about?

What did the court decide?

Ahmad Ali and 81 Others v. State of U.P. and 11 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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