KAILASH YADAV Vs. STATE

JUDGEMENT

(1.) HEARD the parties. The petitioners have challenged the order dated 22 -12 -1992 passed by Executive Magistrate, Dhanbad in a proceeding under section 145 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) attaching the disputed land under section 146 (1) of the Code.

(2.) IT appears from the record that against the aforesaid order the petitioners had gone in revision before the Sessions, Judge but the same was not entertained on the ground that the order was an interlocutory one.

(3.) ACCORDING to section 146 (1) of the Code, the Magistrate can attach the disputed land only in case of emergency. In the present case, he has attached the land only on the ground that there was an apprehension of breach of peace between the parties. Accordingly, the requirement of the aforesaid sections lacking in this case. In that view of the matter the impugned order is set aside.