Disposed¶19

Sarthak Singh and Another v. State of U.P. and Another

Allahabad HC19 Apr 2026A482/7387/2022

Case brief

AI extract

What is this about?

Allahabad High Court, Application U/S 482 No. 7387 of 2022, Dr. Gautam Chowdhary, J. — Section 145/146 Cr.P.C. proceedings before SDM Karwi, Chitrakoot; attachment of disputed land under Section 146(1) Cr.P.C.; revision against attachment held not maintainable; order under Section 146(1) self-revocable by Magistrate; applicants given liberty to approach Magistrate; application disposed of.

What did the court decide?

Application disposed of with the observation that the applicants have liberty to approach the court of the Magistrate for redressal of their grievance; no order setting aside the impugned revisional order was passed. ¶19

Sarthak Singh and Another Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 7387 of 2022

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Sarthak Singh And Another

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.....Applicant(s)

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	Versus
State of U.P. and Another		....	.Opposite Party(s)
Counsel for Applicant(s)	: Archana Devi, Kaushal Kishor, Rahul Kumar	Kapil Dev Pratikdhar	Dubey, Dwivedi,
Counsel for Opposite Party(s)	: G.A., Shailendra

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Court No. - 82

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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

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The present application under Section 482 Cr.P.C.petition has been filed with a prayer to set aside the order dated 23.02.2022 passed by learned Additional Sessions Judge/ F.T.C., Chitrakoot in Criminal Revision No. 36 of 2021 (Dhananjay Singh Vs. Sarthak Singh and another), whereby learned revisional court while allowing the said revision filed by the opposite party No. 2 herein, has rejected the order dated 13.10.2021 passed by Sub Divisional Magistrate, Karwi, District Chitrakoot in Case No. 3637 of 2020 (Sarthak Singh and another Vs. Dhananjay Singh), arising out of the proceedings under Section 145/ 146 Cr.P.C., with the direction to the court concerned to pass fresh order after giving opportunity of hearing to both the parties.

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It is contended by learned counsel for the applicants that the application u/s 145/146 Cr.P.C. was filed by applicants before the Sub Divisional Magistrate, Karwi, Chitrkoot wherein the concerned Magistrate after considering the application filed under Section 145(5) Cr.P.C. moved on behalf of opposite party No. 2 has passed the order of attachment of the land in dispute. Against the aforesaid order the opposite party No. 2 filed criminal revision before the revisional court which has been allowed by the learned Additional Sessions Judge, directing the court concerned to pass fresh order after giving opportunity of hearing to both the parties.

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From perusal of the record and the order passed by the Magistrate concerned it appears that the Magistrate concerned has passed the order on 13.10.2021 for attaching the property in dispute under section 146(1) Cr.P.C., which was challenged by the opposite party No. 2 before the revisional court, who vide its impugned order has allowed the said revision while directing the court concerned to pass fresh order after

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A482 No. 7387 of 2022

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giving opportunity of hearing to both the parties, though the revision against the order of attachment is not maintainable.

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From perusal of the record and the order passed by the Magistrate concerned it appears that the Magistrate has passed the order on 13.10.2021 for attaching the property in dispute under section 146 Cr.P.C., which is being reproduced as under:

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

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Thus, Section 146 Cr.P.C. clearly mandates that the order passed by the Magistrate is self revocable and any order passed under Section 146(1) Cr.P.C. can be withdrawn by the Magistrate itself after having full satisfaction. Therefore, applicants have liberty to approach the court of Magistrate for redressal of their grievance.

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With this observation, this application is disposed of.

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(Dr. Gautam Chowdhary,J.)

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April 20, 2026 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Sarthak Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sarthak Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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