RAMJI BIND Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. The only point involved in the present proceeding is as to whether in view of decision of Ram Sumer's case, AIR 1985 SC page 472 as explained in Jhunamal's case, AIR 1988 SC page 1973 the present proceedings under Section 145, Cr. P. C. should continue any further in view of the suit pending before the Civil Court filed by one of the parties.

(2.) THE short facts are that on the police report dated 3-10-1988. Magis trate issued an order under Section 145, Cr. P. C. In view of urgency of the matter as reported by the police, an order under Section 146, Cr. P. C. was drawn up on the same day i. e. 31-12-1988. According to Annexure 'ca-7' attachment memo was drawn up by the supurdgar appointed by the Magistrate Court on 6-1-1989. In the rejoinder affidavit, however, it if strongly disputed that, in fact, no attachment was done at the spot and the applicants Ramji Bind and Bachanoo Bind remained and continued to be in possession of the dis puted house. As stated above, the stand of the opposite parties is that the property was put in attachment in pursuance of the order of the Magistrate dated 31-12-1988.

(3.) IN view of what has been stated above, it is hereby directed that in case parties raise issue of the applicability of two case-laws cited above, the Magistrate shall decide the same as a preliminary issue within month a from the date of the receipt of this order, which may be produced before him by either of the parties and then decide to drop or proceed with the case in accordance with law.