SAUDAGAR MAHTO Vs. RAMJIWAN PRASAD SINGH

JUDGEMENT

(1.) This is an application for quashing an order passed under section 145 (1) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and also an order under section 146 (1) of the Code.

(2.) It appears that on the basis of a police report a proceeding under section 144 of the Code had been drawn up. The dispute between the parties relate to certain lands in respect of which one party says that he is in exclusive possession thereof whereas the other party claims to be in joint possession along with other party. After the cause was shown by the parties concerned and they were heard the learned Magistrate converted the proceeding to one under section 145 of the Code. By the same he directed attachment of the property under section 146(1) of the Code and further directed the parties to file their written statement, documents and evidence. Hence this application.

(3.) The application was, however, admitted only for the purpose of adjudicating upon the validity of the order of attachment. Hence the only question before this Court is whether the aforesaid order under section 146 (1) is legal and proper. I may add that that, part of the order by which proceeding had been drawn up under section 145 (1) of the Code has not been challenged before me apart from the order passed at the time of admission limiting the case to the order of attachment alone.