RAM DAS SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dubay, J. This revision has been preferred against the judgment and order of Third Additional Sessions Judge, Gorakhpur, setting aside the order of the Executive Magistrate/sub Divisional Magistrate, Khajani, Gorakh pur, attaching the property in dispute under Section 146 (1) of the Code of Criminal Procedure (hereinafter referred to as the Code ).

(2.) THE facts are very brief. On a report of Station Officer, Police-station Khajani dated 17-6-1989, the Magistrate passed the preliminary order under Section 145 (1) of the Code. An application supported by affidavit was moved by first party on 5-7-1989 to attach the property as there was serious apprehension of breach of peace. THE learned Magistrate, being satisfied that there was emergency, attached the property. This gave rese to a revision before the Sessions Judge which was decided by Third Additional Sessions Judge as stated above.

(3.) THE learned Sessions Judge has considered the cases cited by the counsel. THE learned Sessions Judge came to the conclusion that for invoking the provisions of Section 146 (1) of the Code, the learned Magistrate should show that there was an emergency. Since the order of the learned Magistrate does not show that there was an emergency, hence the order passed under Sec tion 146 (1) of the Code was not an interlocutory order.