STATE OF HIMACHAL PRADESH Vs. DURGA
LAWS(HPH)-1979-3-13
HIGH COURT OF HIMACHAL PRADESH
Decided on March 05,1979

STATE OF HIMACHAL PRADESH Appellant
VERSUS
DURGA Respondents

JUDGEMENT

C.R.THAKUR,J. - (1.) This appeal has been filed by the State against the acquittal of Durga and three others by the Magistrate. First Class, Bilaspur, in a case under sections 353/392/34, I. P. C. instituted at the instance of Brij Lal Bailiff.
(2.) Mst. Ajudhya had obtained an order of maintenance under the provisions of section 488, Cr. P. C. against her husband Charanji from the Panchayat. When the husband did not make payment of the amount of maintenance, the wife moved an application for execution before the Sub -Divisional Judge, who ordered the attachment of the property of the husband and in consequence thereof a buffalo was alleged to have been attached. When Brij Lal Bailiff went to auction the buffalo, it is alleged that Durga and others forcibly took away the buffalo and assaulted the bailiff, while he was discharging his official duty, and, thereupon he made a report and a case was initiated against the respondents under the provisions of sections 392/J53/34,1. P. C. The respondents pleaded not guilty. The defence of Durga was that the buffalo belonged to him. He was, no doubt, the brother of Charanji, the husband of Mst. Ajudhya, but the buffalo was his. He had also filed objections in the executing Court which objections, it is stated, had been allowed and the buffalo was released. But it was only after the accused had been acquitted in the criminal case by the Court on 31st May, 1971 and against which order, the State has come up in appeal,
(3.) The learned counsel for the respondents have taken up the objection that the order of attachment was illegal and as such any attachment made under the order was also without jurisdiction and if the accused had in any way obstructed the bailiff in putting the buffalo to auction after taking it from the possession of the alleged Sapurdar then the same shall not amount to any offence when the order itself is illegal under which the attachment was made.;


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