HAKIM SINGH Vs. GIRWAR SINGH

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code), and Article 227 of the Constitution challenging the order passed by an Additional Sessions Judge in revision.

(2.) The parties to the dispute are closely related. Hakim Singh petitioner is the uncle of the respondent, whereas petitioners Nos. 2 and 3 are the sons of Hakim Singh. A dispute arose between the parties about the possession of shop No. 1980, Gali Paraunthewali, Delhi. The matter was reported to the police which recommended action under section 145 of the Code of Criminal Procedure. The Sub Divisional Magistrate passed a preliminary order on April 5, 1974 under sub-section (1) of section 145 of the new Code. During the pendency of the proceedings there was a violent clash between the parties on the night between 30th/ 31st May, 1974 in which six persons sustained injuries. The Sub-Divisional Magistrate, considering it a case of emergency, passed orders for the attachment of the shop under sub- section (1) of section 146 of the new Code. It may be noticed that the petitioners had filed a suit on May 30, 1974 and had obtained an injunction against respondent No. 1 restraining him from interfering with their possession. On May 31, 1974 the respondent had filed a suit and had obtained an injunction restraining the petitioners from interfering with his possession.

(3.) By an order dated May 6, 1975 the Sub-Divisional Magistrate declared the petitioners to be entitled to the possession of the shop and directed the police to unreal the shop and hand over its possession to the petitioners. The respondent went in revision against this order and an Additional Sessions Judge came to the conclusion that after the Sub-Divisional Magistrate had ordered the attachment under sub-section (1) of section 146 of the new Code he had to await the decision of competent court determining the rights of the parties and could not take any further action. The shop was, therefore, directed to remain under attachment.