Law: Criminal Procedure Code (V of 1898)

Section: 107, 145

Criminal Procedure Code (V of 1898) Ss. 107 & 145-Attachment of property-Attachment of subject- matter in dispute, in case of emergency, could be made at any stage-Drawing up a preliminary order or at least to write an elaborate order indicating circumstances attended by imminent Breach of peace, held, incumbent upon Magistrate while proceeding with case-Magistrate not acting as such and ordering attachment of property, order set aside and case remanded for trial according to law.-[Attachment of property]. Date of institution : 30th August, 1980.                                                                                                                    ORDER The dispute over a shop or shops as the case may be situated in the Town of Pallandri is existing between the parties and there is every likeli hood of the breach of peace to occur. The matter was brought to the notice of the police by Muhammad Aziz Khan, petitioner as a result of which a report was submitted by the Police to the Sub Divisional Magistrate Pallandri to proceed under sections 107/145, Cr. P. C. against the parties and it was also prayed therein that the shops in dispute should also be attached so as to evade the impondent danger of the breach of peace, She report in form of a complaint was presented before the Court of Sub Divisional Magistrate Pallandri to take action against the parties under section, 107/145, Cr. P. C: At the very presentation of the police report, an order for attachment of the shops in dispute was passed but no preliminary order could be drawn by the Magistrate as required by section 107/145, Cr. P. C. The police cited Syed Yaqoob Shah, Head Constable, Captain Muhammad Aziz Khan, Muhammad Azim Khan and Ch. Ahmad Saeed Khan, S. H. O. as witnesses in the calendar of evidence but none of them appeared before the trial Court to give evidence as a result of which non-production of…