Allahabad High Court
Ravindra Kumar @ Ravindar And 5 Ors vs State Of Up And 4 Others on 18 September, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- APPLICATION U/S 482 No. - 13040 of 2020 Applicant :- Ravindra Kumar @ Ravindar And 5 Ors Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Ramesh Rai Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 19.03.2020, passed by Sub-Divisional Magistrate, Budhanpur, Azamgarh in Case No.00995 of 2020, Computerized Case No. T202015060600995, Ravindar Kumar & Others vs. Ram Pratap & Others, under Section- 146 (1) Cr.P.C., Police Station - Kaptanganj, District - Azamgarh.
Core contention is that in this case, the proceeding under Section - 145 Cr.P.C. has been instituted way back in the year 2003 and the attachment order under Section - 146 (1) Cr.P.C. has been passed on 19th March, 2020.
Also heard the learned A.G.A.
At this stage, straightway coming to this Court would not be justifiable, for the reason that participation of the applicant should be ensured before the court concerned and the matter must be referred to the court concerned, if there is any grievance to the applicant to disengage the attachment order insofar as it affects him. At this stage, the order passed under Section 146 (1) Cr.P.C. cannot be said to be beyond power of the court concerned, for the reason that in emerging situation such order of attachment is justifiable and in this case, the order of attachment itself stipulates the emergence situation, which cannot be ignored merely on the asking.
With the aforesaid observation, this application stands disposed of.
Nothing has been observed on the merit of the case and the court below is expected to expedite the proceeding of the same as early as possible.
Order Date :- 18.9.2020 S Rawat