RAMPAT Vs. STATE

JUDGEMENT

(1.) By this petition petitioners Rampat and Nafe Singh are challenging the legality of an order passed by the Executive Magistrate (Sub-divisional Magistrate) on 21st June, 1985. That was a composite order; first part is a preliminary order under section 145(1) of the Code of Criminal Procedure, 1973 and the second directs attachment of the property. That second part presumably was passed under section 146(1) of the Code.

(2.) I have heard the learned counsel for the parties at length.

(3.) In the view which I am taking it is not necessary to deal with the legality of the preliminary order under section 145(1) as in the facts and circumstances of the case, particularly because of the rival claim of the partics, that part of the order cannot 'be said to be unwarranted.