SOMANATH SAHANI Vs. CHHAYA SAHANI

JUDGEMENT

(1.) THIS revision is directed against the order dated 5.7.2003 passed by the Executive Magistrate, Bhanjanagar in M.C. No. 162 of 2001, a proceeding under Section 145 Cr.P.C., on the petition filed under Section 146 Cr.P.C. directing attachment of the disputed lands and appointing Revenue Inspector, Mottabadi as the custodian. The petitioner, in this revision, has also impugned the order dated 7.7.2003 of the Executive Magistrate refusing to revoke the order dated 5.7.2003.

(2.) THE petitioner -second party member is the father of opp. parties 2 to 5 and husband of opp. party No. 6 - the other second party member. The opp. party No. 1 who is the first party member, claims to be the second wife of the present petitioner, which is disputed by the second party members. During the pendency of the proceeding, at the instance of the first party member, the learned Executive Magistrate passed the impugned orders of attachment and appointed the Revenue Inspector, Mottabadi as the custodian of the disputed lands. Though learned counsel for the parties raised rival contentions with regard to maintainability of the very proceeding under Section 145 Cr.P.C. in respect of the disputed land on several grounds, there is little scope in this revision to entertain such contentions. The scope of this revision is limited to the examination of the legality of the impugned orders. Such being the position, the only difference appears between the parties, is appointment of Revenue Inspector, Mottabadi, as the interim custodian. In fact, the counsel for both sides contend that one of the parties to the proceeding ought to have been appointed as custodian.