AINTHA DEHURI Vs. SINDHU KRUPASINDHU DEHURI

JUDGEMENT

(1.) - Order of attachment by the learned Executive Magistrate under Section 146(1) Cr. P.C. in a proceeding under Section 14S, Cr. P.C. is the subject matter of challenge in this revision. By an interim order, petitioner was permitted to harvest the crop of the year but attachment of land was not disturbed.

(2.) Learned counsel for the petitioner submitted that the disputed land being joint family property, the preliminary order is bad in law and as such the order of attachment in an incompetent proceeding is not justified. He further submitted that the materials on record would not disclose any likelihood of breach of peace or emergency for exercise of power either under Section 14; Cr. P.C. or under S. 146(1) Cr. P.C.

(3.) Learned counsel for the opposite parties submitted that the learned Magistrate having been satisfied that there was likelihood of breach of peace issued the preliminary order which was not assailed by the petitioner and in stead, he filed written statement to contest the proceeding to get an order in his favour. It is further submitted that there was emergency and tile order of attachment was justified.