BRAHMA NATH Vs. SUNDAR NATH

JUDGEMENT

(1.) This is an application for criminal revision of certain proceedings connected with property within the District of Gorakhpur. The proceedings are proceedings purporting to have been taken under Section 145 of the Code of Criminal Procedure. The application in this Court was filed on the 21st of December 1918. The applicant prayed that this Court might be pleased to call for the record and quash all proceedings on the following grounds: 1. Because the proceedings are absolutely without jurisdiction and are illegal.

(2.) Because the right and title to possession having been just decided by a competent Court, fresh proceedings, ostensibly under Section 145 of the Code of Criminal Procedure, cannot be started with the object of continuing the attachment of the property.

(3.) Because the order dated the 23rd of July 1918, attaching the property is under the circumstances beyond the competence of the Criminal Court.