SHIV LAL AND ORS. Vs. HIRA LAL

JUDGEMENT

(1.) HAR Lal, son of Kewal made an application under Section 145 of the Code of Criminal Procedure against Shiv Lal, son of Arjan and others in the Court of the Executive Magistrate first Class. The Magistrate heard the arguments of the parties and also perused the records and felt satisfied that there was an immediate danger of breach of the peace between the parties over the land in dispute. He, therefore, ordered that the land be attached and also appointed a Sarpanch as a receiver of the said property, - -vide his order dated the 14th September, 1967. The Respondents, i.e., Shiv Lal and party went up in revision against this interlocutory order to the Court of Session which came up before Shri C.S. Tiwana, Additional Sessions Judge, Hissar, On that day, the order was attacked on two grounds. Firstly, it was contended before him that the Magistrate Having net mentioned that the case was one of emergency had no jurisdiction to attach the land in dispute. Secondly, it was urged before him that the Magistrate acted without jurisdiction when he appointed the receiver of the property. The first ground did not impress the learned Additional Sessions Judge but the second one appealed to him and he, therefore, felt that the Magistrate was given the power only to attach the property under Section 145 of the Code of Criminal Procedure and not to appoint a receiver and that the receiver could only be appointed under Section 146(2) when the proceedings were referred to a civil Court by the Magistrate. He relied on Diwan Chand and Ors. v. Emperor : A.I.R. 1929 Lah. 223 and recommended to this Court that the order of the appointment of the Sarpanch as receiver by the Magistrate should be set aside.

(2.) AFTER hearing the arguments I feel that the recommendation cannot be accepted and must be turned down. From the perusal of Section 145, Sub -section (4), proviso 3, which runs as under it is clear that the Magistrate can attach the property in dispute at any time when the proceedings are pending before him under Section 145(4) - -

(3.) MY attention was also drawn to Jethmul Bhojraj and Ors. v. Harbans Nurain Singh and Ors., A.I.R. 1955 Pat 92, wherein it was laid down - -