RUDI Vs. RAM KUMAR

JUDGEMENT

(1.) THIS is a reference by the learned District Magistrate, Alwar recommending that the order of the learned Extra Magistrate First Class, Alwar, dated 21-11-1953 attaching the well in dispute be set aside. When the case was pending in revision in the court of the learned District Magistrate, an application was made on behalf of Rudia and other (hereinafter to be referred to as the applicants) that the order of attachment be not given effect to pending the application for revision made by him. This application was rejected by the learned District Magistrate on 3012-1953 and against that order too, the applicants have come in revision to this Court. This revision is No. 21 of 1954. As the said revision is an off shoot of the revision in which reference has been made, I have heardl both the cases together and they are being disposed of by this single judgment.

(2.) TAKING up the reference first, it was argued by Mr. G. L. Yadav supporting the reference that the case was Under Section 147, Criminal P. C. , and in such a case an order of attachment cannot be made. It was argued that provisions of Section 145 have been made applicable to a case Under Section 147 only as far as may be. As there is no dispute about possession of property in proceedings Under Section 147 and no order can finally be made with respect to possession in such a case, no order Under Section 145 (4) for interim attachment can be made. Reliance has been placed upon the cases of ? 'chelliah Filial v. Ramiah Thevar' AIR 1942 Mad 77 (A) and ? 'mathai Jacob v. Ravivarman Thirupad' AIR 1953 Trav-C 202 (B ). It was argued that this order of attachment is being interpreted by the learned Magistrate as meaning that the applicants have been restrained from taking water from the well pending the proceedings Under Section 147, Criminal P. C, and this is creating unnecessary hardship to the applicants.

(3.) ON behalf of Ram Kumar (hereinafter to be referred to as the opposite party), it has been argued by Mr. R. A. Gupta that the proceedings in the Magistrate's court were not only Under Section 147, Criminal P. C, but also Under Section 145, Criminal P. C, and therefore, the learned Magistrate was perfectly entitled to order attachment of the property. It was further argued that even if the proceedings be taken to be Under Section 147, Criminal P. C, the provisions of Section 145 have been made applicable to proceedings Under Section 147 and as there la provision for interim attachment Under Section 145 (4), such attachment can be made also Under Section 147, Criminal P. C. Reliance was placed upon a ruling of Calcutta High Court in the case of ? 'khoda Bux v. Moza-harul Haque' AIR 1940 Cal 330 (C ). It was argued that if the applicants Continued taking water during the pendency of the proceedings Under Section 147 there was likelihood of the breach of the peace and therefore it was necessary that an order of attachment should be made.