RAGHUBIR SINGH Vs. ASHARFI LAL

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 4-11-1986 passed by the Special Judge / Addl. Sessions Judge Allahabad allowing criminal revision no. 400 of 1986, Asharfi Lal v. Raghubir Singh and others, against the order dated 4-6-1986 passed by SOM Karchana, Allahabad in Case no. 6 of 1986 u/Sec 146 CrPC.

(2.) LEARNED counsel for the applicant has pressed this revision firstly on the ground that this was a revision against inter-locutory order and, therefore, it ought not to have been entertained by the Sessions Judge and secondly that the Sessions Judge has not taken trouble to go through the order of the Magistrate passed u/Sec. 146 CrPC otherwise he would not have made observation that the order of the Magistrate is not speaking order. I have perused the orders of the courts below and I am of the view that the Sessions Judge has rightly pointed out that the order of the Magistrate passed u/Sec. 146 cannot be said to be a speaking order. Under section 146 CrPC the Magistrate may proceed to attach the property in dispute provided the circumstance indicate that it is a case of emergency or if he decides that none of the parties are in possession at the time of attachment or that he himself is unable to satisfy himself as to which of the party is in possession of the subject in dispute. The learned Magistrate has not indicated in his order as to under which of these three circumstances he proceeded to pass an order u/Sec. 146 CrPC and therefore the Sessions Judge has rightly observed that this is not a speaking order. An order u/Sec. 146 CrPC, if passed, in a case of emergency, that would definitely amount to interlocutory order, but it is not clear from the order u/Sec. 146 was passed by him as a case of emergency and therefore the Sessions Judge was right in entertaining the revision and deciding it. No prejudice is likely to be caused to the applicant, as the case has been sent by the learned Sessions Judge to the Magistrate with a direction to proceed in accordance with law.