RANBIR SINGH Vs. DALBIR SINGH
SUPREME COURT OF INDIA (FROM: DELHI)
Dalbir Singh And Ors.
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D. P. Mohapatra, J. -
(2.)This appeal filed by the first party in the proceeding under Section 145, Criminal Procedure Code (for short 'Cr.P.C.') is directed against the judgment dated 16-7-2001 of the High Court of Delhi in Criminal Revision No.540 of 2000. The revision petition was filed by the second party, who is respondent No. 1, herein, under Section 397 read with Section 401, Cr.P.C. for setting aside the order dated 14-11-2000 passed by the learned Magistrate under Section 146(1) of the Cr.P.C. attaching the land in dispute. The High Court allowed the Revision Petition and quashed the preliminary order passed by the learned Sub-Divisional Magistrate under Section 145 (1) as well as the order of attachment of the land under Section 146(1), Cr.P.C. The operative portion of the judgment reads thus:
"This Court, therefore, is of the considered view that impugned orders under Section 145(1) of the Code as well as proceedings under Section146(1) of the Cr.P.C. were an abuse of the process of law and as such cannot be sustained. The orders passed by learned SDM under Section 145(1) dated 11-7-2000 as well as Section 146(1) dated 14-11-2000 are therefore quashed. The learned SDM is directed to restore the possession of the land to the petitioner within 10 days as he was in possession thereof at the time of the attachment. The trial Court file be sent back immediately."
(3.)The factual matrix of the case over which there is no dispute between the parties may be stated thus :
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