AIR 1993 SUPREME COURT 1361 ::1993 AIR SCW 524 ::1993 UJ(SC) 1 356 ::1993 SCC(Cri) 333 ::1993 (3) SCC 151 ::1993 (2) SCT 217 ::1993 (1) ServLR 392 ::(1993) 2 SCJ 109 ::1992 ( ) JT (Supp) 449

Supreme Court Of India

(From : 1981 All Cri C 41)

Hon'ble Judge(s): P. B. Sawant, R. M. Sahai , JJ

(A) Criminal P.C. (2 of 1974) , S.482, S.397(3)— Revision-Scope-Order by Magistrate-Revision against -Dismissal by Sessions Court-Second revision against, before High Court-Cannot be entertained @page-SC1362in exercise of its inherent powers under S. 482. (Para 4) (B) Criminal P.C. (2 of 1974) , S.146, S.145— Attachment of property-Withdrawal of -Permissible when Magistrate was satisfied that there was no longer any likelihood of any breach of peace with regard to subject of dispute-It cannot be said that property continues under attachment till rights of parties are decided finally by competent Court of law. 1981 All Cri C 41, Reversed. The Magistrate is given power to attach the subject of dispute" until the competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof". The determination by a competent Court of the rights of the parties spoken of there has not necessarily to be a final determination. The determination may be even tentative at the interim stage when the competent Court passes an order of interim injunction or appoints a receiver in respect of the subject-matter of the dispute pending the final decision in the suit. The moment the competen....