NATHU LAL Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) HEARD learned counsel for the applicant and the learned A.G.A.

(3.) UNDER Section 145 (5) of the Code of Criminal Procedure it is provided that nothing shall preclude the party, which has been required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed ; and in such case the Magistrate can cancel his said order and all further proceedings thereon. Again under the proviso to Section 146, Cr. P.C., it is mentioned that a Magistrate can withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. It is open to the applicant to approach the Magistrate and satisfy him that no dispute aforesaid likely to cause any breach of peace exists. Therefore, there is no reason to interfere with this proceeding in this application under Section 482, Cr. P.C.