KALISH NARAIN SINGH Vs. ANUJ PRATAP SINGH

JUDGEMENT

(1.) KUNDAN Singh, J. This revision has been preferred against the order dated 22-4-1988, passed by the Additional City Magistrate I, Allahabad, where by he has suspended the operation of the order dated 8-4-1988 passed by him under Section 146 (1) of the Criminal Procedure Code. The proceedings under Section 145 Cr. P. C. were instituted at the instance of the applicant in respect of a workshop, situate in house No. 7 Sardar Patel Marg, Police Station, Civil Line, Allahabad. The learned counsel for the applicant stated that the learned Magistrate was satisfied that there existed a dispute regarding possession over the workshop in dispute and there was likelihood of breach of peace between the parties and, therefore, the learned Magistrate rightly passed and order under Section 145, Cr. P. C. The learned Magistrate considering the case to be one of emergency passed the order of attachment under Section 146 (1), Cr. P. C. on 8-4- 1988. In compliance with the order dated 8-4-1988 passed by the Magistrate the property in dispute has already been attached.

(2.) LEARNED counsel for the applicant contended that the learned Addi tional City Magistrate I, had no jurisdiction to suspend the operation of the order paased under Section 146 (1), Cr. P. C. The LEARNED counsel for the opposite parties informed the court that the order under Section 146 (1), Cr. P. C. was suspended only for the purpose of taking out and handing over possession of certain Motor Cycles to their owners which were kept inside the workshop. Those motor-cycles have already been taken out from the workshop and handed over to their claimants in compliance with the order of this Court dated 29-4-1988. The learned counsel for the opposite parties contended that the order passed by the learned Magistrate is fully justified and legal one as it does not suffer from any illegality or impropeiety and as such the revision is liable to be dismissed.

(3.) WITH the observation above, this revision is dismissed. The stay order passed by this Court is hereby vacated. Revision dismissed. .