GYANI DASS Vs. DHARAM DASS

JUDGEMENT

(1.) THIS petition is directed against an order dated 11.3.1953, passed by Mr. R.N. Sinha, Magistrate with first class powers at Motihari, for the payment of a sum of Rs. 27,000/ - to the opposite party. The petitioners were second party in a proceeding under Section 145, Code of Criminal Procedure Code, which was heard and decided in favour of the opposite party, who constituted the first party in the case.

(2.) DHARAM Dass, opposite party 1, applied on 25.2.1953, for withdrawal of the money in deposit as the successful party in the case under Section 145, Criminal Procedure Code, on the ground that the money, which represented the sale proceeds of the yield from the land in dispute during the pendency of the attachment of the land under sub sections 4 of Section 145, Criminal Procedure Code, should be handed over to him as a necessary consequence of his success in the main case.

(3.) THE petitioners accordingly moved the learned Sessions Judge of Motihari against the order in the case under Section 145, Criminal Procedure Code, and prayed further that pending the hearing of the application by him, he should be pleased to issue an order for stay of payment of the amount in deposit to the opposite party. The learned Sessions Judge admitted the main application, but felt that he had no power to issue any order for stay of payment, and hence he refused to grant the prayer. The petitioners thereupon moved this Court.