MENA PRADHAN Vs. PRAHALLAD DANTA

JUDGEMENT

(1.) THIS is a revision petition against an order dated 21.3.1968 passed by the Sub -Divisional Officer and Magistrate, 1st Class, Sonepur in a proceeding under Section 144 of the Criminal Procedure Code

(2.) A preliminary order in that case was passed on 14.11.1967 prohibiting the members of the opposite parties therein (who are petitioners in the present revision) from entering into certain plots of lands mentioned in the order. This order ceased to be operative by efflux of time. Admittedly the proceeding under Section 144, Criminal P.C was never converted to one under Section 145 of the Criminal Procedure Code and the properties in dispute were never attached. An application appears to have been filed before the learned Magistrate sometime before 21.3.1968 praying that the standing crops of the lands which were attached and kept under the custody of the -imadar should be released in favour of the first party in that proceedings (who is the opposite party before me). On this application the learned Magistrate directed the Sub -Inspector of Tarbha police station to return the attached paddy crops in the custody of the -imadar to the first party.

(3.) MR . Patra learned Advocate appearing for the opposite party has not been able to produce before me any order of attachment passed by the Magistrate in respect of either the lands or the crops. The impugned order, however, refers to "attached paddy crops." The position therefore is either the paddy crops have been attached or they have not been attached. If they had not been attached, the question of releasing the crops from attachment and making over the same to any party does not arise. If at all the crops had been attached, it was beyond the jurisdiction of the learned Magistrate to do so in a proceeding under Section 144 of the Criminal Procedure Code