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Showing contexts for: section 84 crpc in Smt. Vijai Jain And Another vs State Of U.P. And Others on 18 April, 2018Matching Fragments
We in the present case are faced with a situation where a tenant is claiming her rights of occupation. It goes without saying that in spite of the observations made by the decisions referred to hereinabove particularly in the case of Jangali Pasi (supra), no rules appear to have been framed by the State under the 1986 Act for prescribing any procedure to be followed. In the event of attachment, Section 14 (2) the Act itself provides that the provisions of the Code i.e. the Code of Criminal Procedure 1973 as defined in Section 2(a) of the 1986 Act shall mutatis mutandis apply to every attachment. The question as to the procedure therefore, in such matters can be clearly traced to Section 84 of the Criminal Procedure Code extracted hereinunder:-
"CrPC 84: Section 84 of the Criminal Procedure Code Claims and objections to attachment
1. If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
In our opinion the legislature may not have actually incorporated all situations arising out of a claim of possession other than that of ownership or title, but the legislature does appear to have envisioned such likely cases that may arise in future and therefore in the absence of rules on the subject under the 1986 Act which situation continues today, the legislature appropriately prescribed the mutatis mutandis application of the Cr.P.C. as mentioned above. Section 84 Cr.P.C. on the subject of release uses the words "interested persons". Combining the overall intent of the 1986 Act read with the Code, a tenant in the premises that is attached treating it to be that of a gangster, would have a right to approach the same court that has passed the order of attachment in the event the action taken under the act disturbs lawful occupation or possession or otherwise adversely affects the tenant.