SYED AHMAD Vs. RAIS AHMED

JUDGEMENT

(1.) THE petitioners filed an application under Section 145 Cr. P. C. with respect to immovable property. The learned Magistrate being satisfied that there was an apprehension of the breach of peace, passed a preliminary order on 24th March, 1976. Considering the case one of emergency, Me also directed attachment of the property. Aggrieved by this order a revision was filed by the opposite parties before the Sessions Judge, Hamirpur. This revision was dismissed on 30th April, 1976. Thereafter none of the parties approached this Court, with the result that the order dated 24th March, 1976 became final between the parties. It appears from a perusal of Annexure '5' that on 15th May, 1976 the Sub-Divisional Magistrate, Mahoba directed the opposite parties to file their written statement and to produce evidence in support of their respective claim by 21st May 1976. Aggrieved by this order the instant application under Section 482 Cr. P. C. was filed in this Court.

(2.) IT may be mentioned at this stage that the crops which constituted the subject- matter of the dispute were in the custody of the Receiver appointed by the civil court. These crops have been sold and the auction money amounting to Rs. 21,000/- is lying in deposit in the court of the Sub-Divisional Magistrate, Mahoba.

(3.) I have heard learned Counsel for the parties. The petitioner contended that after an Order of attachment is passed under Section 146 Cr. P. C. (New) by the Magistrate on the ground that the case is one of emergency, he has no jurisdiction to decide the dispute with regard to the property involved therein, and that the rights of the parties have to be determined by a competent court. He submits that since the order of attachment was passed on 24th March, 1976 and since that order has now become final between the parties, it is not open to the Sub-Divisional Magistrate to proceed further and to direct the parties to file their written tatementa and to produce their evidence in support of their respective claims.