GURDEEP SINGH Vs. TEHAL SINGH

JUDGEMENT

(1.) IN proceedings under' section 145 of the Code of Criminal Procedure, 1973, Executive Magistrate, Ferozepur. made an order of attachment under section 146(1) of the Code on 10th April, 1987. Against that order of attachment and appointment of Receiver, revision was preferred before Additional Sessions Judge, Ferozepur, who vide his order dated 27th May, 1987, accepted the revision and set aside the above referred to order. That order of Additional Sessions Judge, Ferozepur, is sought to be quashed to secure the ends of justice.

(2.) ORDER of attachment under section 146(1) of the Code is inherently temporary in nature. This is manifest from the proviso to the said provision. In terms it declares that the Magistrate may withdraw the order of attachment at any time if he is satisfied that there is no longer any likelihood of the breach of peace with regard to the subject of dispute. The use of the language at any time and the power to withdraw attachment altogether are significant and make it obvious that the same cannot be termed as a final order or even an intermediate one. It being interlocutory order is not revisable in view of sub -section (2) of section 397 of the Code, which expressly provides that the powers of revision conferred by sub -section 11 shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. This opinion of mine is reinforced by a Division Bench ruling of this Court Kartar Singh and others v. Smt. Pritam Kaur and another, 1984(1) R.C.R.(Criminal) 617 : 1984(2) I.L.R. (Punjab) 139 : 1984(1) Chandigarh Law Reporter 338, wherein it has been held that an order of attachment of immovable property under section 146(1) of the Code is interlocutory in nature within the meaning of section 397(2) of the Code and consequently no revision against the same is maintainable. The order of learned Additional Sessions Judge cannot be sustained on that short ground.

(3.) THE Additional Sessions Judge was influenced by some Civil Court decree little realising that the same could not confer revisional jurisdiction on him. Section 146 (1) of the Code itself provides that the Magistrate may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof. That clearly means that the attachment is to last till determination of rights of the parties by a competent Court. The learned Magistrate had also mentioned in his order that the Receiver was to keep possession with him until and unless an order of the competent Court is received.