Allahabad High Court
Awadhesh Kumar And Another vs State Of U.P. And Others on 5 January, 2010
Author: Vijay Kumar Verma
Bench: Vijay Kumar Verma
Court No. - 55 Case :- CRIMINAL REVISION No. - 5671 of 2009 Petitioner :- Awadhesh Kumar And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Satya Dheer Singh Jadaun,Smt. Sushila Jadaun Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri Satya Dheer Singh Jadaun, Advocate, appearing for the revisionists and AGA for the State.
2. By means of this revision under section 397 Cr. P.C., order dated 18.11.2009 passed by the Chief Judicial Magistrate Auraiya and order dated 26.11.2009 passed by Sub Divisional Magistrate Auraiya have been challenged.
3. By the impugned order dated 18.11.2009, the CJM Auraiya has issued warrant of attachment under section 83 Cr.P.C. in case No. 05 of 2008, arising out of crime No. 300 of 2007, under sections 147, 148, 149, 302, 307 IPC and section 7 Criminal Law Amendment Act (State vs. Mithilesh Kumari and others). In pursuance of that order of attachment, S.D.M. Auraiya has attached the property mentioned in the said order.
4. It is submitted by learned counsel for the revisionists that the revisionists are cultivating the land, which has been attached in pursuance of the order of attachment issued by CJM Auraiya against accused-persons of case crime No. 300 of 2007 and hence the property in dispute should be released in favour of revisionists, so that they may cultivate the said land.
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5. From the record, it is revealed that certain persons are wanted as accused in case crime No. 300 of 2007 of P.S. Dibiyapur and since they failed to appear and were found absconding, hence warrant of attachment under section 83 Cr.P.C. has been issued, in compliance of which, agricultural land of those accused has been attached. If the revisionists have got any interest in the land in dispute, then they can approach the court of CJM Auraiya and file objections against the attachment as provided in section 84 Cr.P.C. Any person aggrieved by the order passed on the objections under section 84 Cr.P.C. can file appeal under section 86 Cr.P.C. Therefore, in view of the specific remedy available to the revisionists in the Cr.P.C., this Court cannot interfere in the impugned orders, which does not suffer from any illegality.
6. For the reasons mentioned herein-above, the revision is hereby dismissed with the observations that if any objection against the attachment is filed by the revisionists in the court of CJM Auraiya, the same shall be decided expeditiously, if possible within a period of two weeks of filing certified copy of this order.
Order Date :- 5.1.2010 v.k.updh.