SANJIT KUMAR SINGH S/O LATE HRIDAY NARAYAN SINGH Vs. STATE OF BIHAR; MADAN KUMAR SINGH, S/O LATE TARINE PD SINGH

JUDGEMENT

(1.) Heard the counsel for the petitioner, opposite party no.2 and the State.

(2.) The petitioner is aggrieved by the order dated 08.01.2013 passed in M.R. No.2847 of 2012 by the learned Sub Divisional Magistrate, Darbhanga, whereby the land in question has been attached under Section 146(1) of the Code of Criminal Procedure. The petitioner has also challenged the revisional order dated 09.05.2013, passed in Criminal Revision No.138 of 2013 by the learned A.D.J. 1st, Darbhanga, by which the order of attachment was sustained as being valid order.

(3.) The major ground of challenge on behalf of the petitioner is that no satisfaction was recorded by the learned Magistrate, as contemplated under Section 145(1) of the Code of Criminal Procedure with respect to the apprehension of breach of peace because of dispute over the plot of land.