- (1.) KUNDAN Singh, J. This revision has been preferred against the order dated 22-4-1988, passed by the Additional City Magistrate I, Allahabad, where by he has suspended the operation of the order dated 8-4-1988 passed by him under Section 146 (1) of the Criminal Procedure Code. The proceedings under Section 145 Cr. P. C. were instituted at the instance of the applicant in respect of a workshop, situate in house No. 7 Sardar Patel Marg, Police Station, Civil Line, Allahabad. The learned counsel for the applicant stated that the learned Magistrate was satisfied that there existed a dispute regarding possession over the workshop in dispute and there was likelihood of breach of peace between the parties and, therefore, the learned Magistrate rightly passed and order under Section 145, Cr. P. C. The learned Magistrate considering the case to be one of emergency passed the order of attachment under Section 146 (1), Cr. P. C. on 8-4- 1988. In compliance with the order dated 8-4-1988 passed by the Magistrate the property in dispute has already been attached.
(2.) LEARNED counsel for the applicant contended that the learned Addi tional City Magistrate I, had no jurisdiction to suspend the operation of the order paased under Section 146 (1), Cr. P. C. The LEARNED counsel for the opposite parties informed the court that the order under Section 146 (1), Cr. P. C. was suspended only for the purpose of taking out and handing over possession of certain Motor Cycles to their owners which were kept inside the workshop. Those motor-cycles have already been taken out from the workshop and handed over to their claimants in compliance with the order of this Court dated 29-4-1988. The learned counsel for the opposite parties contended that the order passed by the learned Magistrate is fully justified and legal one as it does not suffer from any illegality or impropeiety and as such the revision is liable to be dismissed. Heard learned counsel for the parties. From the facts and circums tances of the case it appears that the operation of the order under Section 146 (1) Cr. P. C. was suspended for taking out certain vehicles out of the attached premises and to hand them over to their respective claimants. This Court permitted the learned Magistrate to take out those vehicles and to hand them over to the real owners. The property in dispute is still under attachment. The dispute regarding possession of the disputed premises is still to be decided by the learned Magistrate in accordance with law. Accordingly, 1 direct the learned Magistrate to decide the dispute in accordance with law about possession of the disputed workshop which is under attachment under Section 146 (1) Cr. P. C. after affording opportunity to the parties of leading their evidence within 3 months from the date of production of a, certified copy of this order before him,
(3.) WITH the observation above, this revision is dismissed. The stay order passed by this Court is hereby vacated. Revision dismissed. .;