Section 146 in The Code of Criminal Procedure, 1989 (1933 A. D.)
146. Power to attach subject of dispute.
- [(1) If the Magistrate is of opinion that one of the parties was then in such possession, or is unable to decide as to which of them was then in such possession, of the subject of dispute, he may attach it, and draw up a statement of the facts of the case and forward the record of the proceeding to a Civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute at the date of the order as explained in sub-section (4), of section 145; and he shall direct the parties to appear before the Civil Court on a date to be fixed by him :Provided that [ ] [Sub-section (1), (1-b), (1-c), (1-d) and (1-e) substituted for original sub-section (1) of section 146 by Act XLII of 1956.] the Magistrate who has attached the subject of dispute may withdraw the attachment at any time, if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.(1-a) On receipt of any such reference, the Civil Court shall peruse the evidence on record and take such further evidence as may be produced by the parties respectively, consider the effect of all such evidence, and after hearing the parties, decide the question of possession so referred to it.(1-b) The Civil Court shall, as far as may be practicable, within a period of three months from the date of the appearance of the parties before it, conclude the inquiry and transmit its findings together with the record of the proceeding to the Magistrate by whom the reference was made ; and the Magistrate shall, on receipt thereof, proceed to dispose of the proceeding under section 145 in conformity with the decision of the Civil Court.(1-c) The costs, if any, consequent on a reference for the decision of the Civil Court, shall be costs in the proceedings under this section.(1-d) No appeal shall lie from any finding of the Civil Court given on a reference under this section nor shall any review or revision of any such finding be allowed.(1-e) An order under this section shall be subject to any subsequent decision of a Court of competent jurisdiction].(2)When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court, appoint a receiver thereof, who, subject to the control of the Magistrate ; shall have all the powers of a receiver appointed under the Code of Civil Procedure :Provided that in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged.
