Gulabchand vs State Of U.P. And Anr. on 10 December, 2003
17. A perusal of the impugned Judgment of the Additional Sessions Judge makes, it clear that the revisionist Gulab Chand preferred his application before the Sub-Divisional Magistrate concerned about the urgency in the matter and initiations of the proceedings under Section 145 of the Code as back as on 11-4-1994. The order of attachment under Section 146 of the Code was passed on 22-7-1995 i.e. after a lapse of more than one year and three months. Keeping the aforesaid factor in mind when this order of attachment was challenged and the revision was heard by the lower revisional Court it was found that such an order passed by the Sub-Divisional Magistrate was bad in law as per the principles laid down by this Court in the case of Jawahar Lal v. Awadh Bihari, reported in 1990 Cri LJ page 2738.