IKRAM Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. This application under Section 482, Cr. P. C. has been filed against an order of the Magistrate dated 26- 7-1982 attaching the property in dispute passed under Sections 145/146, Cr. P. C.

(2.) IT appears that the applicants had challenged the said order in revision before the Sessions Judge, Bulandshahar who dismissed the same on 30-7-1982. Normally under law a petition under Section 482, Cr P C against the revisional order would not lie in this Court and the said revisional order is challengeable under Article 226 of the Constitution of India. Looking at the prolonged proceedings since the year 1972 and this petition under Section 42, Cr. P. C. having been admitted by this Court on 8-9- 1982 it does not appear desirable in the interest of justice to ask the applicants to move another petition and it does appear fit and proper on the circumstances of this case to treat this petition as a petition under Article 226 of the Constitution of India so that real justice is done.

(3.) BEFORE the Magistrate, on remand, an application was moved by opposite party, Sheo Kumar Jalan, that in order to give effect to this Court's order dated 5-10-1976 the position as it existed before he had passed the original order of dropping the proceedings, should be restored In other words it was contended that the property should be re-attached and then only the question should be decided. This application found favour with the Magistrate who passed an order dated 26-7-1988, for re-attachment of the property. Aggrieved agains Ikrani and Sharif filed yet another revision before the Sessions Judge who dismissed it summarily holding that the order of the Magistrate dated 26-7-1982 being an interlocutory order, revision where-from was not maintainable. Hence this application in this Court by Ikram and Sharif.