HARENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against an order dated 27-2-1980 by which the Magistrate revived proceedings under Sec. 145 CrPC in respect of immovable property which had been attached in these proceedings per order dated 11-8-1979 under Sec. 146 (1) CrPC. The order dated 11-8-1979 had in accordance with the then understanding of law directed that after attachment the property was to continue in attachment until the parties got their rights adjudicated by a competent civil court. Later on clarification of the legal position by the Supreme Court in Ram Prasad Sahu v. State of Bihar, AIR 1980 SC 83 that attachment under Sec. 146 (1) by itself did not operate to terminate the proceeding under Sec. 145 the other party applied for revival of the proceedings and inspite of the applicant's objection that application has been allowed by the impugned order.

(2.) IT has been contended that the mere fact that the Supreme Court subsequently declared the view prevailing at; the time of the order dated 11-8-1979 to be erroneous cannot legally justify the Magistrate in reviewing and revising that order when it had been allowed to become final by the parties. Having heard the parties I am not satisfied that the impugned order suffers from any infirmity calling for interference in exercise of the revisional jurisdiction of this Court.

(3.) THE revision, therefore, fails and is hereby dismissed. THE stay order dated 10-3-1980 is vacated. --- Revision dismissed.