Law: Criminal Procedure Code (V of 1898)

Section: 145(4),(5)

 Criminal Procedure Code (V of 1898) S. 145 (4), second proviso & (5)-Attachment of property----Applicant tenants having received their share of produce, contesting attachment of zamindari share--Applicants, held, had no locus standi to contest attachment. Date of hearing: 1st August 1972.                                                                                                                                     JUDGMENT These are two revision applications arising out of the same incident, against the order passed by the learned Sessions Judge, Hyderabad. On 9-9-69 Zakir Hussain respondent No. 1 filed an application tinder section 145, Cr. P. C, in the Court of the Civil Judge and 1st' Class Magistrate Shujawal against the applicant and others praying for the attachment of the standing crop and the appointment of the receiver of the agricultural land alleging that he and his family members had purchased the land from one Kazim Imam and was in possession of the land while the applicant and others were their harts and they had threatened to remove the entire crop includ ing the zamindari share. The applicant filed the written statement disputing the title of the respondent and pleading that Kazim Imam, Muhammad Siddiq, Muhammad Yaqoob and others were their zamindars. The learned Magistrate attached the crop and appointed Mukhtiarkar Mirpur Mathelo as receiver for keeping the zamindari share of the land in his custody. Subsequently, Kazim Imam, Muhammad Siddiq and Muhammad Yaqoob made applications under section 145, Cr. P. C. for the cancellation of the order of the appointment of receiver. The applications of Muhammad Siddiq and Muhammad Yaqoob were dismissed. Kazim Imam requested for the hearing of his application. but on the date of hearing the respondent…