BORE PRASAD Vs. LAXMI PRAKASH AWASTHI

JUDGEMENT

(1.) K. Narayan, J. List has been revised. None has appeared on behalf of the applicant. Counsel is present for the opposite parities. I have gone through the judgment of lower court.

(2.) THIS revision is directed against the order of the Additional City Magistrate, Kanpur City, Kanpur dated 23. 12. 1981 directing the release of the property attached by him under Section 146 Cr. P. C. in favour of the opposite party, Laxmi Prakash.

(3.) SINCE nobody has appeared in this revision on behalf of the applicant, it has to be disposed of by applying the proper law. After the Code of Criminal Procedure, 1973, the position of law in respect of proceedings concerning, apprehension of breach of peace, relating to immovable property, had under gone a drastic change. The procedure is now in two parts i. e. Sections 145 and 146 separately. No attachment is ordinarily to be directed under Section 145 Cr. P. C. and the authority to make an interim attachment, has been given a different shape under Section 146 Cr. P. C. Under this Section, 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.