DANDAPANI PALA Vs. MADAN MOHAN PALA

JUDGEMENT

(1.) MEMBERS of the first party in a proceeding under Section 145 of the Code of Criminal Procedure are the petitioners and they challenge the order of the learned Sessions Judge of Ganjam passed on a revision application by members of the second party.

(2.) ON 12.6.1975, on the report made by the local police the Executive Magistrate at Chatrapur drew up a proceeding under Section 145 of the Code of Criminal Procedure and made a preliminary order. Members of the first party moved the learned Magistrate that in spite of the initiation of the proceeding, members of the second party were threatening to forcibly cultivate the property. Being satisfied that there was grave emergency concerning the disputed properties, the learned Magistrate attached the properties under Section 146(1) of the Code and directed appointment of a receiver. While doing so, he indicated : -

(3.) MR . Mohanty for the opposite parties raised a preliminary objection regarding maintainability of this revision application relying upon the provisions of Section 397 of the Code of Criminal Procedure. Sub -Section (3) of that Section provides : -