Law: Criminal Procedure Code (V of 1898)

Section: 146(1)

(a) Criminal Procedure Code (V of 1898), S. 146(1)-Dispute as to possession of immovable property-Attachment pending proceeding-Order passed without discussing and evaluating evidence on possession-Held, not justified. Haji Haider Ali Matbar and others v. Haji Muhammad Sekandar and others P LD 1961 Dacca 836 ref . (b) Criminal Procedure Code (V of 1898), S. 146(1), proviso-----Attachment, withdrawal of-Presence in Court of each and every member of contesting parties connected with original proceedings not necessary-Magistrate satisfied on representation of any of parties or police report-Can withdraw attachment. The proviso to section 146(1), Cr. P. C. does not contem plate that each and every member of the contesting parties connected with the original proceeding should be present before the Court. If the Magistrate is satisfied on representation of any of the parties or from police report, he may withdraw the attachment under that proviso. (c) Criminal Procedure Code (V of 1898), S. 146(1)-Attach ment; withdrawal of-Open to Magistrate to pass ancillary orders as to custody of attached property-Restoration of property to person from whose possession it was taken desirable if determina tion of status quo ante possible. It is desirable that when an order of attachment is with drawn the attached lands must go either to this or that party. It is, therefore, open to the Magistrate to pass ancillary orders regarding the custody           of the attached properties and if it is possible to determine the status quo ante, to restore the Proper ties to the party from whose possession it was taken. But such an order must, in reality, be ancillary, i.e. in the nature of a winding up order. He must of course exercise his judicial discretion in deciding to whom the possession is to be given, The Magistrate has thus jurisdiction to place the parties so far as possible in the position they occupied in relation to the lands or the crops before the initial under subsection (1) of section 145, Cr.P.C. was passed. A I R 1954 Hyd, 892 = A I R 1955 N U C (Hyd.) 5925 ref. Dates of hearing : 3rd and 5th March 1969. JUDGMENT This is a…