JUMMARAM Vs. LAKSHMI BAI

JUDGEMENT

(1.) THIS is a reference made by the Additional District Magistrate of Ganganagar for setting aside some interlocutory orders passed by the trial Magistrate in a proceeding under sec. 145 of the Code of Criminal Procedure.

(2.) THE ground on which the reference has been made is that the disputed property was an evacuee property and as such under sec. 17 (1) read with sec. 4 and 8 (4) of the Administration of Evacuee Property Act, 1950 (Act No. XXXI of 1950) the land could not be attached and put in possession of a receiver by the order of the Magistrate and that the provisions of sec. 145 Cr. P. C. were not attracted to a case of this nature. THE relevant facts which give rise to the proceeding have to be clearly set Out in order to appreciate whether the above provisions of the Administration of Evacuee Property Act do or do not apply to the instant case.