MD. YUNUS ANSARI SON OF ABDUL AZIZ @ BHOLA ANSARI RESIDENT OF VILLAGE-AFJALA, P.S.-RIRAUL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners. No one appears on behalf of opposite party nos. 2 & 3 and also no one appears on behalf of the State.

(2.) The petitioners, in the present case, are seeking quashing of the order dated 19.07.2013 passed by learned Sub-Divisional Magistrate, Biraul in M.R. No. 572/2009, by which the learned Magistrate passed order of attachment under Section 146(1) of the Code of Criminal Procedure and further in exercise of his power under Section 146(2) appointed Circle Officer and Officer-in-Charge, Police Station, Biraul as Joint Receiver of the property bearing plot no. 8188 (old 1317) under Khata No. 551 measuring area 2 dhoors and 8 Kanwa, and plot no. 8189 (old 1318) measuring area 3 dhoors and 4 Kanwa. Learned counsel for the petitioners submits that earlier an order under Section 144 Cr.P.C. was passed. The effect of which was lost on expiry of 60 days period. The petitioners had challenged the said order in Criminal Revision No. 424/2003 before the learned Sessions Judge, Darbhanga, however, the same was rendered infructuous vide order dated 19.01.2004. The opposite party nos. 2 & 3 came to this court in Cr.W.J.C. No. 369 of 2008 which was disposed of vide order ated 04.02.2009, a copy of the order is Annexure '1' to this application, relevant part thereof are quoted hereunder for a ready reference : -