MOHD YAQUB Vs. MOHD RAZA

JUDGEMENT

(1.) THE dispute in the present case centres round the crop on Chak No. 151 situate in village Malnapur which has already been harvested and kept in the Khalihan. It appears that while passing a preliminary order under Section 145, Cr. P. C. the Magistrate concerned attached; this crop which was lying in the Khalihan vide his order dated 21-4-1971.

(2.) AGGRIEVED thereby, a revision was filed before the Sessions Judge, Allahabad who has made the present recommendation for quashing the order of the Sub-Divisional Magistrate. Handia mentioned above.

(3.) I have heard learned Counsel for the parties and have also perused the impugned order. Admittedly, the crop which is alleged to have been sown on Chak No. 151 has been harvested earlier and has been placed in the Khalihan. The Sessions Judge was of the opinion that since the crop has already been cut and was lying in the Khalihan, therefore, the Magistrate had no jurisdiction to pass an order attaching the crop.