IBRAR AHMAD Vs. AKHTAR AND ANR.
LAWS(ALL)-1998-9-193
HIGH COURT OF ALLAHABAD
Decided on September 18,1998

Ibrar Ahmad Appellant
VERSUS
Akhtar And Anr. Respondents

JUDGEMENT

Dev Kant Trivedi, J. - (1.) THIS petition Under Section 482 of the Code of Criminal Procedure is directed against an Order dated 23rd December, 1997 passed by the Sessions Judge, Gonda, whereby the learned Incharge Sessions Judge admitted a revision against the order dated 10th December, 1997 passed by S.D.M., Tulsipur in Criminal Case No. 91 Under Section 145 of the Code of Criminal Procedure.
(2.) IT appears that on an application moved by the Petitioner and after hearing the parties' counsel and perusing the report of the police station concerned, the S.D.M., Tulip was of the opinion that there was an apprehension of breach of peace on account of the possession of a house situate in village Hereto. The learned S.D.M., therefore, passed a preliminary order and directed the parties to file their written statements. The learned S.D.M. passed an order Under Section 146(1) of the Code of Criminal Procedure as an interim measure who attached the property and issued a direction to S.O., Gaura Chauraha either to keep the property in dispute in his custody or to give the same in the supercargo of the third person. Feeling aggrieved from the said order, the opposite party Kantar filed a revision before the learned Sessions Judge, Gonad. The revision was admitted and the operation of the Order dated 10.12.1997 whereby the order of attachment was made, was stayed.
(3.) THE present petition has been filed against the said order of the learned In charge Sessions Judge on the ground that no revision was maintainable against the Order dated 10.12.1997 as the same was an. interlocutory order.;


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