RUPA JENA Vs. TAPAI SWAIN

JUDGEMENT

(1.) THIS revision is directed against the order dated 22 -6 -1982 passed by the learned Executive Magistrate, Bhanjanagar under Section 146(1) of the Cr.P.C. (hereafter referred as the 'Code') in M.C. No.74 of 1982, a proceeding under Section 145 of the Code. The petitioners are members of the second party and the opposite parties are members of the first party in the Section 145, Cr.P.C. proceeding referred to above. On 16 -3 -1982 the present opposite parties filed a petition under Section 145 of the Code and on that date, the learned Executive Magistrate initiated the present proceeding and issued orders under Section 145(1) of the Code. On 17 -5 -1982 the opposite parties filed a petition for attachment of the disputed land. On 2 -6 -1982 the learned Magistrate heard arguments on both sides and by order dated 22 -6 -1982 directed attachment of the disputed land. The Revenue Inspector, Bargam was appointed as the receiver and he was directed to put the disputed land to public auction. It is this order of the learned Magistrate which is challenged in this revision.

(2.) SECTION 146(1) of the Code empowers the Magistrate to attach the subject of dispute in three cases, i.e., -

(3.) FIRST of all, I would refer to the case of Amar Nath v. State of Haryana, AIR 1977 SC 2185 : (1977 Cri LJ 1891), wherein the Supreme Court observed (at pages 1894 -95) -