MAMTA SAINI Vs. KRISHAN CHAND AND ANOTHER

JUDGEMENT

(1.) This is a petition under section 561-A Cr. P. C. against order dated 28.03.2012 passed by the learned Sessions Judge, Kathua in a revision petition, whereby the order dated 10.10.2011 for attachment of land passed by the Executive Magistrate 1st Class (Tehsildar) Kathua under section 145(4) Cr.P.C., 1973 has been set aside.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner would say that the order dated 10.10.2011 was passed by the learned Executive Magistrate under section 145(4) Cr.P.C., 1973 whereby the disputed land was attached and kept at the Sapurdari of Lamberdar of the area. Learned counsel submitted that the impugned order dated 28.03.2012 is assailed on the ground that an order passed under section 145 (4) Cr.P.C , 1973is interlocutory order, which is not revisable, and, therefore, the learned Sessions Judge has exercised the revisional jurisdiction, which he did not have. Learned counsel relied upon a Full Bench judgment of this Court in Brij Lal Chakoo v. Abdul Ahad Nishati and ors. 1979 KLJ 377 and a Single Bench judgment in Fareed Ahmed v. Parvez Ahmed and ors. 213 (2) JKJ 184.