YAQUB ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by the learned City Magistrate, Udaipur under Sub-Sec. (1) of Section 145, Cr. P.C. and order passed by him attaching the Moiyatpura Mosque under Sub-Sec. (1) of Section 146, Cr. P.C. Learned City Magistrate passed the impugned preliminary order under Sub-Sec. (1) of Section 145, Cr. PC on 29-5-84 and subsequent thereafter he passed another order of attachment under Sub-Sec. (1) of Section 146, Cr. PC on the ground of Emergency attaching Moiyatpura Mosque on 30-5-84. Both the orders mentioned-above passed by the learned City Magistrate, Udaipur are under challenge before me.

(2.) Before entering into the merit of the present revision petition, it would be expedient to make mention that a preliminary objection has been raised about the maintainability of the present revision petition filed by the petitioner.

(3.) Mr. V. R. Mehta, learned Public Prosecutor for the State, urged before me that the instant revision petition is not maintainable in view of the mandatory provisions as contained under Sub-Sec. (2) of Sec. 397, Cr. PC according to which, the power of revision conferred by Sub-Sec. (1) shall not be exercised in relation to any interlocu tory order passed in any appeal, inquiry, trial or other proceedings. According to Mr. Mehta, learned Public Prosecutor, since the impugned orders are interlocutory orders within the mean ing of Sub-Sec. (2) of Sec. 397, Cr. P.C, therefore, the revision petition is not maintainable. 3.A. It is true that the word "interlocutory" has not been defined in the Code of Criminal Procedure but from the texture of the order passed by the learned City Magistrate under Sub-Sec. (1) of Sec. 145, Cr. PC, the preliminary order to decide the claim of actual physical possession is to be treated as interlocutory order and such interlocu tory order attained finality when it is confirmed under Sub-Sec. (6) of Section 145, Cr. PC. Thus, it goes without saying that the order passed under Sub-Sec. (1) of Sec. 145, Cr. PC is an interlocutory order and no revision lies.