VIDYA Vs. KUSUM

JUDGEMENT

(1.) Petition under Article 226 and 227 of the Constitution of India r/w Sec. 482 of Cr.P.C. with the following relief:

(2.) Brief facts of the case are as under: Petitioner herein has sought for attachment of immovable property belonging to responden ts No.1 to 4 as they have been treated as proclaimed offend ers. The properties of respondents No.1 to 4 are situated within the jurisdiction of District Magistrate Varanasi, Uttar Pradesh State. Respondents No.1 to 4 fail ed to appear in C.C.No.1755/2016 pending on the file of II J.M.F. C., Hubballi after they obtained an order of bail and therefore, the trial Court after completing all formalities, declared them as p roclaimed offenders and soug ht for taking appropriate step s to a tta ch the immovable properties of respondents No.1 to 4. However, the attempt made by the petitioner to get an order of attachment of the property belonging to respondents No.1 to 4 which are in the territorial jurisdiction of the District Magistrate Varanasi was not granted by the learned trial Magistrate and therefore, the petitioner has sought for setting aside the order passed by th e learned trial Magistrate and sou ght for attachment of the property which are morefully described in Annexure-D.

(3.) As could b e seen from the Annexure-D and the translated copy, properties of respondents No.1 to 4 are situa ted in the territorial jurisdiction of District Magis trate, Varanasi. Annexure-D is annual tax on houses and land issued by Varanasi Town Municipal Council, Varanasi.