ASIK ALI Vs. STATE

JUDGEMENT

(1.) FOR realising maintenance granted by the Magistrate under section 125 C. P. C. Mst. Raisa prayed to the Magistrate to get the pro-perty movable and immovable attached and sold. Asik Ali father-in-law of Mst Raisa has filed this criminal miscellaneous petition under Section 482 Cr. P. C. on the ground that without specification of the property attachment has been done and the Magistrate has no jurisdiction to proceed in this arbitrary manner.

(2.) AFTER hearing Mr. Tibrewal I find that the enquiry is already going on in this respect because the last order sheet, copy of which has been produced by Mr. Tibrewal himself dated 16th May, 1986 mentioned that summary enquiry is required to be done and the objector should produce his evidence on 7th June, 1986.

(3.) SINCE the lower court itself is making enquiry as per directions given in the last order sheet, no formal order is required. However, it is desired that the enquiry should be completed soon and no coercive process should be adopted in respect of the sale of the property without adjudicating the objections according to law.