LAXMI NARAIN Vs. JHABBOO

JUDGEMENT

(1.) THIS criminal revision has been filed by Laxmi Narain and arises in the following circumstances:

(2.) AN application under Section 145 of the Code of Criminal Procedure was moved before the Sub-Divisional Magistrate, Hardoi, by Sewak Ram deceased father of Laxmi Narain applicant against his son Rajendra Narain opposite party No. 2. On this application the Magistrate passed a preliminary order and attached the disputed agricultural land and crops standing thereon by an order dated 1-21965. After attachment this property was placed in the supurdgi of Jhabboo, opposite party No. 1. Subsequently Sewak Ram died and the proceedings were dropped by the Sub-Divisional Magistrate on 3-31965. On 4-3-1965 the Magistrate ordered the Supurdar to keep the property under attachment until the question as to who was the legal heir of Sewak Ram deceased was decided and he was further directed to maintain proper accounts regarding the attached property. It may be mentioned here that the attached property consisted of standing crops of wheat, Arhar, sugarcane and sarson. Meanwhile Lakshmi Narain and Rajendra Narain, applicant and opposite party No. 2 respectively were declared by the consolidation authorities to be the sole legal representatives of Sewak Ram deceased.

(3.) BY an order dated 14-1-1966 the Magistrate directed that the land and the crops under attachment should be released in favour of these two persons. This order was challenged by the supurdar in revision before the Sessions Judge, Hardoi, who allowed the revision and set aside the order. A criminal revision was filed in this Court against the order of the Sessions Judge on 21-10-1967. This Court quashed the order of the Sessions Judge upheld the order of the Magistrate dated 14-1-1966 (see Jhabboo v. Laxmi Narain AIR 1970 All 595 : 1970 Cri LJ 1459 and directed the Magistrate to serve his order of 14-1-1966 on the supurdar and to proceed in accordance with law.