BHRIGUNATH Vs. PARMESHWAR

JUDGEMENT

(1.) At the instance of Bhrigu Nath a preliminary order under Section 145 Cr. P.C. was passed by the Sub-Divisional Magistrate, Saidpur, Ghazipur on 14-9-92. An application for attachment of property was moved. The opposite party No. 1 Parmeshwar challenged the jurisdiction of the Court to proceed under Section 145 Cr. P.C. on the ground of he was in joint possession of Chak Nos. 105 and 301. This contention having been rejected by the Sub-Divisional Magistrate, opposite party No. 1 Parmeshwar filed a Criminal Revision No. 7/93, which was dismissed on 7-9-94, which order was challenged in writ petition. On 29-10-94 the Sub-Divisional Magistrate directed the attachment of property. This order was challenged in Criminal Revision No. 269 of 1994, before the learned Session Judge, Ghazipur. The learned Sessions Judge found that the learned Sub-Divisional Magistrate having not recorded finding that the case was one of emergency, had not applied his mind and decided the application for attachment mechanically and therefore, the impugned order stood vitiated. Consequently he allowed the revision. It is that order of 17/12/1994, passed by the learned Sessions Judge, Ghazipur, legality whereof has been challenged Bhrigu Nath in this revision petition.

(2.) I have heard the learned counsel for the parties and have gone through the record of the case. Learned counsel for the petitioner has vehemently argued that the revision before the learned Session Judge was not maintainable, inasmuch as the order of attachment under Section 146(1) Cr. P.C. was an interlocutory order. In support of this argument he has relied upon the rations laid down in Indra Deo Pandey v. Smt. Bhagwati Devi, 1981 ACC 316 (DB).

(3.) I have carefully examined the said judgement. After considering (i) Smt. Prem Lata v. Ram Lubhava, 1978 ACC 336; (ii) Sohan Lal Barman v. State, 1977 ACC 10 (Sic) (iii) Chandu Naik v. Sita Ram, AIR 1978 SC 333 (iv) Amarnath Chawla v. State of Haryana, AIR 1977 SC 2185; (v) Madhu Limaya v. State of Maharashtra, AIR 1978 SC 47; (vi) V. C. Shukla v. State, AIR 1980 SC 962; (vii) Mathura Lal v. Bhanwarlal, AIR 1978 SC 57 (Sic), the Division Bench of this Court held as under :-