HARISH Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against order dated 18-11-1982 passed by Sri B. B. Agarwal, learned IV Additional Sessions Judge, Moradabad who allowed Criminal Revision No. 130 of 1982 preferred by opposite parties 2 and 3 and set aside the order dated 6-8-1982 of City Magistrate, Moradabad attaching the property in dispute under Section 146 (1) of the Code of Criminal Procedure in Case No. 97/11 of 1982.

(2.) IT appears that dispute relates to plot no. 20 measuring 0.78 decimal situated in Peerzada street of Moradabad City. On 18-6-1982, Harish through Abdul Gafoor and Chhuttan, who are alleged to be his Mufchtar-a-am, applied in the court of City Magistrate, Moradabad for action under sections 145/146 (1) of the Code of Criminal Procedure about the said land against Vakil Ahmad and Jamil Ahmad.

(3.) I have heard learned counsel for the parties and perused the record. It was conceded before me on behalf of opposite-parties, that interlocutory order recorded by learned City Magistrate, Moradabad on 6-8-1982 was not revisable. The point is well covered by Indra Deo Pandey v. Smt. Bhagwati Devi, 1981 ACrR 173= 1981 ACC 371 which posited :-